Current through November 25, 2024
(1g) REGISTRATION
REQUIREMENT. Certified application counselors and other nonnavigator assisters
shall be employed or supervised by a registered nonnavigator assister entity,
or be affiliated with a registered nonnavigator assister entity.
(1r) ELECTRONIC REGISTRATION FOR A
NONNAVIGATOR ASSISTER ENTITY. An entity registering as a nonnavigator assister
entity shall provide all of the following information to the commissioner in
the form prescribed by the commissioner:
(a)
The nonnavigator assister entity's name and current mailing address.
(b) The name and contact information for the
nonnavigator assister entity.
(c)
The name, business address, and type of nonnavigator assister for each
nonnavigator assister it employs, supervises, or is affiliated with.
(d) An attestation that each nonnavigator
assister is in compliance with applicable state law including any nonnavigator
assister who is a certified application counselor and who has complied with s.
628.96(2),
Stats.
(e) The nonnavigator
assister entity's agreement to provide to the commissioner all supporting
documents as requested by the commissioner.
(2) CERTIFIED APPLICATION COUNSELORS AND
OTHER NONNAVIGATOR ASSISTERS.
(a) Certified
application counselors under, and other nonnavigator assisters, are eligible
to be registered by a nonnavigator assister entity if either of the following
apply:
1. The application counselor or other
nonnavigator assister is designated by the federal government to provide
consumer assistance; that designation is not withdrawn; and the person has
completed the training and examination requirement under ss.
628.92(7) and
628.96(2),
Stats.
2. The application counselor
or other nonnavigator assister is an insurance agent who hold an active
resident license with the accident and health line of authority and is in
compliance with continuing education requirements; complies with s.
628.96(3),
Stats., including competence and trustworthiness, and satisfactorily completes
4 hours of navigator training specific to public assistance programs, including
Medicaid, in addition to the completion of any federally required nonnavigator
assister training and compliance with federal restrictions and requirements. An
insurance agent who meets the requirements of this subdivision is not required
to complete prelicensing training or the navigator licensing examination under
ss.
628.92(7) and
628.96(2),
Stats.
(b) The
nonnavigator assister entity shall maintain records that each certified
application counselor and other nonnavigator assister registered under par. (a)
has completed the annual continuing education training. The nonnavigator
assister entity shall provide an attestation of compliance with such
requirement to the commissioner in a form prescribed by the commissioner by
October 1 of each year. The commissioner will provide guidance on the topics
for the continuing education training required under this subsection.
(c) The commissioner may deny registration
for a certified application counselor and other nonnavigator assisters, for any
of the following:
1. Failure to possess
requisite character, integrity, competency and trustworthiness. In addition to
the requirements set forth in s.
628.04,
Stats., and s.
Ins 6.92(3)
2. Commission of any act that would warrant
the denial, suspension, or revocation of an insurance license or registration
including any of the acts delineated in s.
Ins 6.92(3).
3. Failure to fully provide required or
requested information, to complete requisite training including continuing
education, to maintain certification from the federal government as a certified
application counselor or nonnavigator assister entity.
(3) ENTITY REPORTING OF UPDATES. A
nonnavigator assister entity shall comply with s.
628.96(1),
Stats., reporting in an electronic format as prescribed by the commissioner,
any updates to the list of nonnavigator assisters that the nonnavigator
assister entity provided when it first registered with the commissioner,
including additions, deletions, or modifications. The information shall be
provided within 30 days of the addition, deletion, or modification to the list
of nonnavigator assisters.
(4)
ENTITY LIABILITY. A nonnavigator assister entity assumes legal responsibility,
in accordance with s., Stat., for the acts of the nonnavigator assisters, on
behalf of the entity, that the entity employs, supervises or is formally
affiliated with, that are performed in this state and that are within the scope
of the apparent authority to act as a nonnavigator assister.
(5) REVOCATION OF ENTITY REGISTRATION. The
commissioner may deny, suspend or revoke a nonnavigator assister entity
registration if the nonnavigator assisters it employs, supervises or is
affiliated with, fail to comply with s.
Ins 6.92(3), or the nonnavigator assister
entity fails to comply with any provision contained in this section or by
failing to comply with requests of the commissioner.
(6) INVESTIGATION AND REVIEW.
(a) The commissioner, or designated examiner,
may investigate and review all nonnavigator entities under ss.
601.43 and
601.44,
Stats. The method and timing of the reviews shall be determined by the
commissioner in each case and may consist of any of the following:
1. Consideration of information available
from state, federal, or local agencies, private organizations or agencies, or
interested persons.
2.
Investigation upon receipt of a complaint from any person.
3. Any other information the commissioner
deems relevant to the investigation.
(b) If, after the investigation the
commissioner suspends, denies, or revokes the registration, written
notification shall be given with reasons for such action. The suspension,
denial or revocation constitutes an order pursuant to s.
601.62(3) (a), Stats., and the nonnavigator entity may
request a hearing before the commissioner under that section.
