New Navigator Law in Florida

Discussion in 'Health Insurance Exchange Forum' started by Yagents, Jun 30, 2013.

  1. Yagents
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    Yagents Well-Known Member

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    It looks as if Florida is trying to protect consumers from Navigators by making sure that fingerprints are required for background checks. With consumrers being required to disclose social security numbers, bank accounts, birthdates, and more to navigators...........the legislators got it right by passing this law.
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    Navigators
    Update on Navigators

    The 2013 Florida Legislature passed legislation regarding the registering and regulation of the “Navigator” position created by federal health care reform. It was signed by the Governor on May 31, 2013.
    The legislation makes the following changes to the Florida Insurance Code:

    • Requires individuals acting as a "navigator" under PPACA to be registered with DFS, beginning August 1, 2013. Under PPACA, beginning on October 1, 2013, individuals and small businesses will be able to purchase private health insurance through Affordable Insurance Exchanges (Exchanges). Exchanges must certify qualified health plans (QHPs) offered by insurers through the Exchange. PPACA directs Exchanges to award grants to "navigators" that will facilitate enrollment in QHPs and exercise certain other duties.
    • To be registered as a navigator, an individual must certify completion of federally-required training, submit fingerprints for a criminal background check, and pay a $50 application fee (currently, there is a $50.30 fingerprint processing fee for agents, so the total cost for a navigator would be $100.30). Certain crimes would either permanently bar an individual from registration or disqualify an applicant for specified periods. A navigator will be prohibited from:
      • Soliciting, negotiating, or selling health insurance;
      • Recommending the purchase of a particular health plan or represent that one health plan is preferable over any other;
      • Recommending or assisting with the cancellation of insurance coverage purchased outside the Exchange;
      • Receiving compensation or anything of value from an insurer, health plan, business, or consumer in connection with performing activities as a navigator, other than from the Exchange or an entity or individual who has received a navigator grant under the PPACA.
    • Specifies grounds for suspension or revocation of registration and authorizes DFS to impose an administrative fine in lieu of, or in addition to suspension or revocation. Any person who acts as a navigator without registration is subject to an administrative penalty not to exceed $1,500.

    To read the legislation you may do so by reviewing Chapter 2013-101, Laws of Florida.
     
  2. billberry12
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    billberry12 Well-Known Member

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    What is the motivation to be a navigator?
     
  3. AllenChicago
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    AllenChicago Well-Known Member

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    Florida Navigators can't recommend a plan? How would they get around it, after "navigating" a person through the Exchange maze up to where actual plan choices are displayed?

    DirectTV, Comcast, Verizon, etc. customer service reps give plan advice. Navigators should be able to also. Come to think of it, I it's not just Florida. Exchange Navigators in every state are prohibited from recommending specific companies and plans. Our government minds at work again...sigh.
    :goofy:
     
  4. timsip
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    timsip Well-Known Member

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    By recommending a specific plan, they are not providing impartial information. Choosing the actual plan is basically the only thing navigators can not do that agents can do. After the consumer chooses the plan, the navigator can assist the enrollment process. I am very interested in learning how the government is going to police this.
     
  5. Jinc
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    Jinc Well-Known Member

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    So can a licensed Agent be a solicitor or not? Can they get paid?
     
  6. RayNY
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    RayNY Well-Known Member

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    Jinc,

    Yes, and yes.
     

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