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*New for 2025 Enrollments* Virginia Individual Consent Requirement

Wednesday, October 30, 2024

The Virginia Insurance Marketplace (VIM) has a new rule that mirrors the federal rule regarding the consent an agent must obtain before providing assistance to an enrollee. The VIM will now require agents to provide consumers with a Privacy Notice Statement and obtain and retain a record of consumer consent before collecting Protected Health Information (PII). The VIM will let the agent or agency decide how they will provide and document the consent. The agent is also responsible for maintaining these consent records.

The language of the law states that the method of documentation must require the consumer, or the consumer's authorized representative to take an action that produces a record that can be maintained and produced by the agent. It is up to each individual agency/agent to determine their process for documenting consent.

TFA Benefits has drafted a Consumer Consent form that brokers may use before assisting a client in enrolling on the VIM. Please click here to download the fillable form. Brokers are responsible for retaining the signed copy.