TYPE AND CLASS:
The 2013 Florida Legislature passed legislation regarding the registering and regulation of the "Navigator" position created by federal health care reform.
The law requires individuals acting as a "navigator" under PPACA to be registered with the Florida Department of Financial Services. Under PPACA, beginning on October 1, 2013, individuals and small businesses are able to purchase private health insurance through the Federally-facilitated Marketplace (FFM).
"Navigator" means an individual authorized by an exchange to serve as a navigator, or who works on behalf of an entity authorized by an exchange to serve as a navigator, pursuant to 42 U.S.C. s. 18031(i)(1), who facilitates the selection of a qualified health plan through the exchange and performs any other duties specified under 42 U.S.C. s. 18031(i)(3).
Individuals interested in becoming Navigators should contact the entities that were awarded Navigator grants by the Department of Health and Human Services (HHS) for potential employment opportunities. Navigators are not hired directly by the federal government or the Marketplace.
The eight Navigator entities that were awarded a grant by the federal government are:
- University of South Florida, College of Public Health
- Epilepsy Foundation of Florida
- Advanced Patient Advocacy, LLC
- Legal Aid Society of Palm Beach County, Inc.
- Pinellas County Board of County Commissioners
- National Hispanic Council on Aging
- Mental Health America
- Public Health Trust of Miami Dade County dba Jackson Health System
The training curriculum for Navigators is available on the Marketplace website - http://marketplace.cms.gov. Please know that completion of the federal navigator curriculum does not automatically qualify an individual to become a navigator.
Certified Marketplace Application Counselors are not required to be registered as a navigator by the Florida Department of Financial Services (DFS) as they are not regulated by DFS. If you are a certified Marketplace Application Counselor, please do not apply for registration as a Florida navigator.
To be registered as a navigator, the individual must
- Be a natural person at least 18 years of age.
- Be United States citizen or legal alien who possesses work
authorization from the United States Bureau of Citizenship and Immigration
- Apply for the registration by answering all of the questions and paying the fees to complete the online application.
- Provide official certification that he or she has successfully completed all
required training by the federal government and has been certified by them as a
Marketplace Navigator. The certificate of completion that states it is "not an official certification record" is not sufficient. Please provide the official certificate that has the navigator's unique ID number assigned by HHS and the organization they are employed.
- Be fingerprinted for a criminal background check.
Once an application has been submitted, you may check your MyProfile account for the status of your application. Deficiencies will be listed under the pending registration application.
- Certain crimes would either permanently bar an
individual from registration or disqualify an applicant for specified periods.
navigator is 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.
- Any person who acts as a navigator without
registration is subject to an administrative penalty not to exceed $1,500.
- A navigator must
notify the department within 30 days after a change of name, residence address, principal business street address, mailing address, contact telephone number, including a business telephone number, or email address. Failure to notify the department within the required time is
subject to a fine of up to $250 for the first offense, and a fine of at least $500 or
suspension or revocation for a subsequent offense.
- Navigators are required to adhere to strict security and privacy standards – including how to safeguard a consumer’s personal information. They are required to complete 20-30 hours of training by the federal government to be certified, will take additional federal training throughout the year, and will renew their federal certification yearly. All types of enrollment assisters – including Certified Application Counselors and agents/brokers – are required to complete specific training and are subject to federal criminal penalties for violations of privacy or fraud statutes, on top of any relevant state law penalties.
- Please click here to view a current list of registered navigators.