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Is it time for Florida to stop passing more navigator legislation?

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Miami Herald photo

@patriciaborns  With the healthcare marketplace set to open Oct. 1, Gov. Rick Scott is still broadcasting concerns about the federally funded navigators who will help Floridians understand their healthcare options under the Affordable Care Act. But wait a minute -- didn't the legislature take care of that?

Our Tallahassee partner Mary Ellen Klas points out that a bill passed last spring, SB 1842, already imposes rules on who can be licensed as a navigator. So all  those things the governor is warning about? Can be regulated through the state's  licensing process. 


(3) A navigator may not: 371

(a) Recommend the purchase, assist with enrollment, or 372 provide services related to health benefit plans or products not 373 offered through the exchange other than providing information 374 about Medicaid and the Children’s Health Insurance Program 375 (CHIP). 376

(b) Recommend or assist with the cancellation of insurance 377

(c) Receive compensation or anything of value from an 379 insurer, health plan, business, or consumer in connection with 380 performing the activities of a navigator, other than from the 381 exchange or an entity or individual who has received a navigator 382 grant pursuant to 45 C.F.R. s. 155.210.

4) The department may deny an application for registration 384 as a navigator or suspend or revoke the registration of a 385 navigator if it finds that any one or more of the following 386 grounds exist: 387

(a) Violation of this part or any applicable provision of 388 this chapter. 389

(b) Violation of department order or rule. 390

(c) Having been the subject of disciplinary or other 391 adverse action by the federal government or an exchange as a 392 result of a violation of any provision of PPACA. 393

(d) Lack one or more of the qualifications required under 394 this part. 395

(e) Material misstatement, misrepresentation, or fraud in 396 obtaining or attempting to obtain registration under this part. 397

(f) Any cause for which issuance of the registration could 398 have been refused if it had existed and been known to the 399 department. 400

(g) Having been found guilty or having pled guilty or nolo 401 contendere to a felony or a crime punishable by imprisonment of 402 1 or more years under the law of the United States or any state 403 thereof or under the law of any country, without regard to 404 whether a judgment of conviction has been entered by the court 405 having jurisdiction of such cases. 

 (h) Failure to inform the department in writing within 30 407 days after pleading guilty or nolo contendere to, or being 408 convicted or found guilty of, any felony or crime punishable by 409 imprisonment of 1 or more years under the law of the United 410 States or of any state thereof, or under the law of any other 411 country without regard to whether a judgment of conviction has 412 been entered by the court having jurisdiction of the case. 413

(i) Violating or knowingly aiding, assisting, procuring, 414 advising, or abetting another in violating the insurance code or 415 any order or rule of the department, commission, or office. 416

(j) Failure to comply with any civil, criminal, or 417 administrative action taken by the child support enforcement 418 program under Title IV-D of the Social Security Act, 42 U.S.C. 419 ss. 651 et seq., to determine paternity or to establish, modify, 420 enforce, or collect support. 421
(5) If the department finds that one or more grounds exist 422 for the suspension or revocation of a navigator’s registration, 423 the department may, in lieu of or in addition to suspension or 424 revocation, impose upon the registrant an administrative penalty 425 of up to $500, or if the department finds willful misconduct or 426 a willful violation, an administrative penalty of up to $3,500. 427
(6) A person who acts as a navigator without being 428 registered under this part is subject to an administrative 429 penalty of up to $1,500. 430
(7)(a) Pursuant to s. 120.569, the department may issue a 431 cease and desist order or an immediate final order to cease and 432 desist to any person who violates this section.




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