§ 23-64-601. Title
This subchapter shall be known and may be cited as the “Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act”.
§ 23-64-602. Definitions
As used in this subchapter: (1) “Applicant” means a person who has applied to become licensed under this subchapter as a navigator, guide, certified application counselor, or certified licensed producer; (2) “Certified application counselor” means a person who is licensed under this subchapter to assist in enrolling consumers in a variety of marketplace-designated organizations settings, […]
§ 23-64-603. Navigator license required
(a) (1) A person shall not act as a navigator in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity. (2) A health insurer or an affiliate of a health insurer is not an eligible entity. (b) A grant awarded under a navigator contract is contingent on a […]
§ 23-64-604. Guide license required
(a) (1) A person shall not act as a guide in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity. (2) A health insurer or an affiliate of a health insurer is not an eligible entity. (b) A contract awarded to a guide is contingent on a person’s: […]
§ 23-64-605. Certified application counselor license required
(a) (1) A person shall not act as a certified application counselor in this state through a health insurance marketplace unless licensed under this subchapter and working for a marketplace-designated organization. (2) A health insurer or an affiliate of a health insurer is not an eligible entity. (b) A certified application counselor shall assist in […]
§ 23-64-606. Licensed producer — Certification required
A person shall not act as a certified licensed producer in this state through a health insurance marketplace unless certified under this subchapter.
§ 23-64-607. Qualifications for licensure or certification — Issuance
(a) To qualify for a license or certification under this subchapter, a person shall: (1) Be at least eighteen (18) years of age; (2) Have received a high school diploma or a high school equivalency diploma approved by the Adult Education Section of the Division of Workforce Services; (3) Be competent, trustworthy, financially responsible, and […]
§ 23-64-608. License renewal
(a) A licensee shall submit an application for renewal of a license or certification issued under this subchapter in a form prescribed by the Insurance Commissioner. (b) An applicant for a license or certification renewal is required to complete continuing education as prescribed by rule of the commissioner. (c) Each licensee shall pay a reasonable […]
§ 23-64-609. Additional licensee duties
(a) A licensee is subject to the insurance laws of this state, including those concerning privacy, market conduct, and unfair trade practices acts. (b) A licensee shall: (1) Comply with other consumer protection and market conduct standards that the Insurance Commissioner considers necessary; and (2) Counsel enrollees in the health insurance marketplace in this state […]
§ 23-64-610. Prohibited activities
(a) Except for a certified licensed producer, a licensee shall not: (1) Receive compensation directly or indirectly from any health insurer; (2) Engage in an activity that requires licensing as a residential insurance producer under the Producer Licensing Model Act, § 23-64-501 et seq.; or (3) Recommend a particular plan or advise consumers about which […]
§ 23-64-611. Disciplinary authority
(a) The Insurance Commissioner by order may deny, suspend, revoke, or refuse to issue or renew a license of a licensee or applicant under this subchapter or may restrict or limit the activities of a licensee if the commissioner finds that: (1) The order is in the public interest; and (2) A licensee or applicant: […]
§ 23-64-612. Authority — Grants and contracts
(a) The health insurance marketplace in this state may accept grants or contract with a governmental or nongovernmental entity that uses navigators or guides on the conditions the health insurance marketplace finds to be in the best interest of the citizens of this state if the governmental or nongovernmental entity: (1) Has a physical business […]
§ 23-64-613. Rules
(a) The Insurance Commissioner may promulgate rules to implement this subchapter. (b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the Secretary of the United States Department of Health and Human Services under the federal act.
§ 23-64-614. Relation to other laws
(a) This subchapter is amendatory to the Arkansas Insurance Code. (b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter apply to this subchapter. (c) This subchapter and actions taken by the health insurance marketplace in this state under this subchapter do not preempt or supersede the authority of the […]