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PPACA authorizes health insurance Navigators
This is an excerpt from Public Law 111-148 Section 1311, passed March 23, 2010,
known as the Patient Protection and Affordable Care Act (PPACA).
NAVIGATORS.—
(1) IN GENERAL.—An Exchange shall establish a program under which it
awards grants to entities described in paragraph (2) to carry out
the duties described in paragraph (3).
(A) IN GENERAL.—To be eligible to receive a grant under
paragraph (1), an entity shall demonstrate to the Exchange involved
that the entity has existing relationships, or could readily
establish relationships, with employers and employees, consumers
(including uninsured and underinsured consumers), or self-employed
individuals likely to be qualified to enroll in a qualified health
plan.
(B) TYPES.—Entities described in subparagraph (A) may include
trade, industry, and professional associations, commercial fishing
industry organizations, ranching and farming organizations,
community and consumer-focused nonprofit groups, chambers of
commerce, unions, small business development centers, other licensed
insurance agents and brokers, and other entities that— (i) are
capable of carrying out the duties described in paragraph (3); (ii)
meet the standards described in paragraph (4); and (iii) provide
information consistent with the standards developed under paragraph
(5).
(3) DUTIES.—An entity that serves as a navigator under a grant under
this subsection shall—
(A) conduct public education activities to raise awareness of
the availability of qualified health plans;
(B) distribute fair and impartial information concerning
enrollment in qualified health plans, and the availability of
premium tax credits under section 36B of the Internal Revenue Code
of 1986 and cost-sharing reductions under section 1402;
(C) facilitate enrollment in qualified health plans;
(D) provide referrals to any applicable office of health
insurance consumer assistance or health insurance ombudsman
established under section 2793 of the Public Health Service Act, or
any other appropriate State agency or agencies, for any enrollee
with a grievance, complaint, or question regarding their health
plan, coverage, or a determination under such plan or coverage; and
(E) provide information in a manner that is culturally and
linguistically appropriate to the needs of the population being
served by the Exchange or Exchanges.
(4) STANDARDS.—
(A) IN GENERAL.—The Secretary shall establish standards for
navigators under this subsection, including provisions to ensure
that any private or public entity that is selected as a navigator is
qualified, and licensed if appropriate, to engage in the navigator
activities described in this subsection and to avoid conflicts of
interest. Under such standards, a navigator shall not— (i) be a
health insurance issuer; or (ii) receive any consideration directly
or indirectly from any health insurance issuer in connection with
the enrollment of any qualified individuals or employees of a
qualified employer in a qualified health plan.
(5) FAIR AND IMPARTIAL INFORMATION AND SERVICES.—The Secretary, in
collaboration with States, shall develop standards to ensure that
information made available by navigators is fair, accurate, and
impartial.
(6) FUNDING.—Grants under this subsection shall be made from the
operational funds of the Exchange and not Federal funds received by
the State to establish the Exchange.