What's happening
This bill requires criminal background checks and character assessment for health benefit exchange navigators and their employees in New York.
Why it matters
Establishes stricter eligibility for navigators. The bill requires navigators and their employees to complete an application process similar to that of insurance agents, including background checks and a character assessment, raising the bar for who can assist consumers with health insurance enrollment.
Aims to protect consumers’ sensitive information. By mandating criminal background checks and “good character” requirements, the bill seeks to reduce the risk of fraud or misuse of personal data provided by consumers seeking health coverage.
Aligns navigator standards with insurance agents. The new requirements make navigators subject to similar scrutiny as licensed insurance agents, which could increase professionalism but may also reduce the pool of eligible navigators, potentially affecting access to enrollment help.
Creates additional administrative and financial hurdles. Processing fees and paperwork may increase costs or delay onboarding for navigators and their employers, which could impact organizations serving vulnerable populations or those with limited resources.
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Who cares
Headline styles
Require Checks for Navigators
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Held for consideration in insurance
- Referred to insurance
- Referred to insurance
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
770
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. CROUCH -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to criminal background checks for navigators
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2138 of the insurance law, as added by section 37-b of part D of chapter 56 of the laws of 2013, is amended to read as follows:
§ 2138. Health benefit exchange navigators. (a) A person who has received a grant from and has been certified by the health benefit exchange established pursuant to section 1311 of the affordable care act, 42 U.S.C. § 18031, to act as a navigator, including any person employed by a certified navigator, shall not receive, collect or hold any funds that would constitute fiduciary funds within the meaning of section two thousand one hundred twenty of this article.
(b) (1) No person shall serve as a navigator or be employed by a certified navigator unless he or she has:
(A) completed an application (to be developed by the superintendent) that is substantially similar in content to the application for a license as an insurance agent with respect to the lines of authority for accident and health insurance;
(B) submitted the application to the department with the appropriate processing fee; and
(C) been found by the department to be of sufficient good character to serve as a navigator or the employee of a navigator.
(2) For the purposes of this subsection, "sufficient good character" shall mean that nothing in the applicant's background would preclude them from licensure as an insurance agent with respect to the lines of authority for accident and health insurance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04644-01-7
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(3) The superintendent shall determine the amount of the processing fee established in this subsection, which shall not exceed the processing fee for a license issued under subsection (a) of section two thousand one hundred three of this article.
§ 2. Paragraph 11 of subsection (a) of section 2101 of the insurance law, as added by section 34 of part D of chapter 56 of the laws of 2013, is amended to read as follows:
(11) any person who has received a grant from and has been certified by the health benefit exchange established pursuant to section 1311 of the affordable care act, 42 U.S.C. § 18031, to act as a navigator, as such term is used in 42 U.S.C. § 18031(i), provided that the person: (A) has completed the training required by the health benefit exchange and met the requirements established by subsection (b) of section two thousand one hundred thirty-eight of this article; (B) does not sell insurance; (C) does not engage in any activity with respect to insurance not expressly permitted under 42 U.S.C. § 18031(i)(3) and regulations thereunder; and (D) does not receive any compensation for acting as a navigator directly or indirectly from an insured, insurance producer, or an insurer.
§ 3. Paragraph 10 of subsection (c) of section 2101 of the insurance law, as added by section 35 of part D of chapter 56 of the laws of 2013, is amended to read as follows:
(10) any person who has received a grant from and has been certified by the health benefit exchange established pursuant to section 1311 of the affordable care act, 42 U.S.C. § 18031, to act as a navigator, as such term is used in 42 U.S.C. § 18031(i), including any person employed by a certified navigator, provided that the person: (A) has completed the training required by the health benefit exchange and met the requirements established by subsection (b) of section two thousand one hundred thirty-eight of this article; (B) does not sell insurance; (C) does not engage in any activity with respect to insurance not expressly permitted under 42 U.S.C. § 18031(i)(3) and regulations thereunder; and (D) does not receive any compensation for acting as a navigator directly or indirectly from an insured, insurance producer, or an insurer.
§ 4. Paragraph 11 of subsection (k) of section 2101 of the insurance law, as added by section 36 of part D of chapter 56 of the laws of 2013, and as renumbered by section 2 of part V of chapter 57 of the laws of 2014 is amended to read as follows:
(11) any person who has received a grant from and has been certified by the health benefit exchange established pursuant to section 1311 of the affordable care act, 42 U.S.C. § 18031 to act as a navigator, as such term is used in 42 U.S.C. § 18031(i), including any person employed by a certified navigator, provided that the person: (A) has completed the training required by the health benefit exchange and met the requirements established by subsection (b) of section two thousand one hundred thirty-eight of this article; (B) does not sell insurance; (C) does not engage in any activity with respect to insurance not expressly permitted under 42 U.S.C. § 18031 (i) (3) and regulations thereunder; and (D) does not receive any compensation for acting as a navigator directly or indirectly from an insured, insurance producer, or an insurer.
§ 5. Paragraph 5 of subsection (b) of section 2102 of the insurance law, as added by section 37 of part D of chapter 56 of the laws of 2013, is amended to read as follows:
(5) Paragraphs one and three of this subsection shall not apply to any person who has received a grant from and has been certified by the
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health benefit exchange established pursuant to section 1311 of the Affordable Care Act, 42 U.S.C. § 18031 (i), including persons employed by certified navigators; provided that the person: (A) has completed the training required by the health benefit exchange and met the requirements established by subsection (b) of section two thousand one hundred thirty-eight of this article; (B) does not sell insurance; (C) does not engage in any activity with respect to insurance not expressly permitted under 42 U.S.C. § 18031 (i) (3) and regulations thereunder; and (D) does not receive any compensation for acting as a navigator directly or indirectly from an insured, insurance producer, or an insurer.
§ 6. This act shall take effect immediately; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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