The federal Patient Protection and Affordable Care Act
creates health insurance exchanges that operate in Tennessee under federal law
and employ navigators or certified application counselors whose federally
designated and certified role will be to facilitate individuals' and companies'
enrollment in qualified health plans offered through such exchanges. The
federal government has a system for designating and certifying such individuals
and companies. Tennessee Public
Acts 2013, ch.
377 reflects the intent of the legislature that
licensing and regulation of such navigators and certified application
counselors is necessary and in the best interest of the people of Tennessee, to
ensure that they are trained and knowledgeable in the subject matter of
individual and group health insurance plans and insurance coverage, and to
avoid substantial risk to the health, safety, and welfare of the residents of
this state. Therefore the Department is hereby creating a registration program
to identify and regulate the activity of navigators and certified application
counselors in order to appropriately regulate their activity in this State.
Individuals or companies who are not actually certified by the United States
Department of Health and Human Services as navigators, navigator entities,
certified application counselor organizations or certified application
counselors or are not required by federal law and regulations to be certified
as navigators, navigator entities, certified application counselor
organizations or certified application counselors are not required to be
registered by this Chapter.
Notes
Tenn. Comp. R.
& Regs.
0780-01-55-.01
Original
rule filed July 21, 1989; effective September 4, 1989. Repeal filed April 14,
2004; effective June 28, 2004. Emergency rule filed September 18, 2013;
effective through March 17, 2014. Emergency rule filed September 18, 2013
expired effective March 17, 2014; on March 18, 2014, the rule reverted to its
previous status. New rule filed February 20, 2015; effective
5/21/2015.
Authority: Tenn. Public
Acts 2013, ch.
377, T.C.A. ยงยง
56-2-301 and
56-6-1301 through
56-6-1305, Patient Protection and
Affordable Care Act, Public Law 111-148 as amended
by Public Law
111-152 (2010).