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SB 401 - This act creates an insurance navigator licensing system so that no individual or entity shall perform, offer to perform, or advertise any service as a navigator in Missouri or receive navigator funding from a health insurance exchange unless licensed as a navigator by the Department of Insurance, Financial Institutions and Professional Registration. The act sets forth provisions concerning prohibited activities, applications for licensure, license renewal, and revocations and suspensions of navigator licenses. Under this act, no individual or entity shall perform, offer to perform, or advertise any service as a navigator in Missouri or receive navigator funding from Missouri or a health insurance exchange unless licensed as a navigator by the Department of Insurance, Financial Institutions and Professional Registration. Navigators are prohibited from engaging in activities that would require an insurance producer license. In addition, navigators are prohibited from providing advice concerning the benefits, terms, and features of a particular health plan or offering advice about which health plan is better or worse for a particular individual or employer. Navigators may not recommend or endorse a particular health plan or advise consumers about which health plan to choose or provide any information or services related to health benefit plans or other products not offered in the health insurance exchange. The act specifies that only persons licensed as insurance producers in this state may: (1) Sell, solicit, or negotiate health insurance; (2) Provide advice concerning the benefits, terms, and features of a particular health plan or offer advice about which health plan is better or worse for a particular individual or employer; or (3) Recommend a particular health plan or advise consumers about which health plan to choose. The act delineates the process for obtaining a navigator license, including the qualifications for obtaining such a license, the payment of licensing fees, the posting of surety bonds, and other ancillary matters. A navigation license is valid for two years. The act sets forth the process for renewing a navigator license. In order to renew a license, an individual licensee must comply with any training and continuing education requirements established by the director. Failure to satisfy training and continuing education requirements shall result in the expiration of the license. Under the act, any navigator who has contact with a person who acknowledges having existing health insurance coverage obtained through an insurance producer must refer the person back to the insurance producer for information, assistance, and any other services. The act establishes a procedure for suspending, revoking, or refusing to issue or renew a navigator license. The grounds for suspension or revocation are similar to the grounds for suspending an insurance producer license. A navigator license may also be suspended or revoked for engaging in unfair trade practices. Under the terms of the act, each licensed navigator shall report to the director within 30 calendar days of the final disposition of the matter of any administrative action taken against him or her in another jurisdiction or by another governmental agency in this state. The act further requires, within 30 days of the initial pretrial hearing date, a navigator to report any criminal prosecution of the navigator in any jurisdiction. The provisions pertaining to navigator licensing are severable. The act authorizes the director to promulgate rules and regulations to implement the licensing provisions (Sections 376.2000 to 376.2014). STEPHEN WITTE
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