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Electronic Signatures Policy

Scope

MNsure policy for accepting electronic signatures on documents

Policy Details

A consumer may use an electronic signature to sign the following forms:

The following are acceptable electronic signature methods when submitted according to the criteria listed below.

  • An image of a handwritten signature transmitted electronically, such as by fax, secure email or text message.
  • An electronic signature captured by a software product that complies with the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), submitted with a completion certificate, audit record or similar audit trial document.

In order for an electronic signature to be accepted, the following four criteria must be met:

  • The consumer’s intent to sign the form is clear. For a signature submitted apart from the form, a consumer can show intent to sign a specific form by a short statement accompanying a dated handwritten signature, such as “I [insert consumer name] understand that I am signing [title of form].”
  • The signature must be logically associated with or submitted at the same time as the form. MNsure must receive the signature in such a way that it is clear that the signature is connected to a specific form. A signature that is physically received by MNsure on a form or submitted with the form meets this criterion. A written statement of intent, described above, also logically associates a signature with the form if it is submitted separately.
  • The signature must provide a way to identify the consumer. MNsure must be able to discern who actually signed the document. A legible handwritten signature transmitted electronically meets this criterion. A typed or handwritten name together with a signature (legible or not) also satisfies this requirement.
  • The signature must not be modifiable. MNsure must receive the signature in a form that is tamper-proof so the signature cannot be modified.

The following types of signatures do not meet the electronic signature criteria and are not acceptable:

  • An image of a signature that is placed on a form by digitally copying and pasting it into the document.
  • A name typed in a script or calligraphy-type font that has not been authenticated through ESIGN compliant electronic signature software.
  • A signature gathered via electronic software that does not have a certificate of completion, audit record or audit trail.

Examples of Acceptable Electronic Signatures

An example of an image of a handwritten “wet” signature by the consumer transmitted electronically.

  • An assister is working with a consumer over the phone. The assister completes the Account Request Form using information provided by the consumer verbally. On a piece of paper, the consumer uses a pen to write, “I, Jane Doe, understand that I am signing MNsure’s Account Request Form to create an online account.” The consumer then includes a handwritten signature below the statement and writes the date. The consumer takes a picture of the paper and sends it by secure email to the assister. The assister notes in the Account Request Form signature space that the form was signed electronically. When the assister receives the image of the signed statement from the consumer, the assister submits the completed Account Request Form and the statement with signature image from the consumer to the ARC or Broker Service Line following the instructions under “Submitting the Form.”

An example of an electronic signature captured by an ESIGN compliant software product.

  • An assister is working with a consumer over the phone. The assister completes the Account Request Form using information provided by the consumer verbally. The assister emails the consumer the completed Account Request Form via the online software product DocuSign (or other ESIGN compliant software). The consumer receives an email from DocuSign requesting they review and sign the Account Request Form. The consumer opens the email and reviews their information in the Account Request Form and signs the Account Request Form electronically. The assister receives a notification from DocuSign that the form has been signed. The assister downloads a copy of the electronically signed form and the certificate of completion and submits them both, along with the verification documents, to the ARC or Broker Service Line following the instructions under “Submitting the Form.”
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