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Enrollment requests can take different forms from the point at which the individual makes the request to the point of receipt by the plan. The receipt of the request by the plan determines the applicable requirements for appropriate handling of beneficiary information.

Example: Mr. Murphy contacts the agent or broker and expresses interest in enrolling in a plan. The agent emails Mr. Murphy, via a secured transmission, the enrollment application, and a scope of appointment for an electronic signature. Once the scope of appointment is secured, the agent contacts Mr. Murphy by telephone to discuss plan options available to him. The broker completes the enrollment on his computer (online) by entering Mr. Murphy’s information in a fillable pdf. Once Mr. Murphy agrees to a plan option, the agent sends, via secured email, the completed enrollment application for an electronic signature. Mr. Murphy signs and emails the completed enrollment with electronic signature and the broker emails his application through a secure portal to the plan.

CMS holds plans responsible for ensuring the appropriate handling of any sensitive beneficiary information provided as part of the online enrollment.

In addition to the requirements outlined in § 40.1, electronic enrollment mechanisms must: • Be submitted to and approved by CMS. This includes all materials, web pages, and images. See the Medicare Communications and Marketing Guidelines (MCMG) for more information. • Comply with HIPAA data security and privacy requirements. • Advise each individual at the beginning of the electronic enrollment process, that they are completing an enrollment request to the MAO or Part D sponsor, will be enrolled (if approved by CMS), and will receive notice (of acceptance or denial). • Provide the individual with all the information required by CMS marketing rules and requirements, please see 42 CFR §§ 422 and 423, Subpart V. • Obtain an electronic signature from the applicant or include a clear and distinct step that requires the applicant to activate an “Enroll Now,” or “I Agree,” type of button or tool indicating their intent to enroll. It must also be made clear to the applicant that, by taking this action, they agree to the release of information as provided on the model enrollment form (see Exhibit 1). See § 40.1 for information about legally binding electronic signatures. • Capture an accurate time and date stamp at the time the applicant executes the electronic signature or activates the step in the previous bullet (i.e., “Enroll Now or I Agree” button or tool) for purposes of establishing the application date of the enrollment request. This time stamp also marks the start of the seven-day time frame for processing the enrollment request, as it is at this time that the enrollment request is considered by CMS to be received by the plan. • Capture the date and time of the electronic communication or email for purposes of establishing the application date of the enrollment request. This time stamp also marks the start of the seven-day time frame for processing the enrollment request, as it is at this time that the enrollment request is considered by CMS to be received by the plan.