Ins 6.92(2)(d)1.b. b. Satisfactory completion of 4 hours of navigator training specific to public assistance programs, including Medicaid, in addition to the completion of any federally required navigator training and compliance with federal restrictions and requirements including those set forth in 45 CFR 155.205 (d), 155.210, 155.215 (b) and (c), and 155.260 (b), as amended. The state training required under this subsection must be approved by the commissioner and provided by an education provider that is approved by the commissioner.
Ins 6.92(2)(d)2. 2. A currently licensed insurance agent who is in compliance with subd. 1. is exempt from passing the navigator examination and photograph requirements described in par. (a). The currently licensed insurance agent shall provide new fingerprints unless the office has received current, valid fingerprint results provided in a format specified by the commissioner and an electronic confirmation of criminal history from the Wisconsin department of justice, crime information bureau, and the federal bureau of investigation that were completed not more than 180 days prior to the date of the application. The currently licensed insurance agent shall submit a completed application as described in par. (a) and pay the licensing fee in accordance with s. 601.31 (1) (nm), Stats., to the commissioner.
Ins 6.92(2)(e) (e) Issuance of license. The commissioner shall issue a navigator license to an applicant who completes and satisfies the requirements in pars. (a) and (b), in addition to any federal training or requirements including the requirements set forth in 45 CFR 155.205 (d), 155.210, 155.215 (b) and (c), and 155.260 (b), as amended, has passed the commissioner-approved written examination with a satisfactory grade, and meets the standards of competence and trustworthiness as described in sub. (3). Examination scores are valid for 180 days. Failure to apply for a license within 180 days will require the applicant to re-take the examination. Determination of the acceptance or rejection of a completed application shall be made within 90 days of receipt by the commissioner of the completed application, which is tolled until receipt of any additional required or requested documentation.
Ins 6.92(3) (3)Competence and trustworthiness. The following criteria may be used by the commissioner in assessing trustworthiness and competence of a navigator; failure to meet trustworthiness and competence is cause for denial, suspension or revocation or a license:
Ins 6.92(3)(a) (a) Criminal record. The conviction for crimes which are substantially related to the circumstances of holding an insurance or navigator license, including a felony or misdemeanor conviction under the law of Wisconsin or any other state or under federal law.
Ins 6.92(3)(b) (b) Accuracy of information. Any material misrepresentation in the information submitted on the application form.
Ins 6.92(3)(c) (c) Regulatory action. Any formal regulatory action taken in any jurisdiction with regard to any occupational license held, such as insurance licenses in other states, real estate licenses and security licenses.
Ins 6.92(3)(d) (d) Other criteria. Other criteria which the commissioner considers evidence of untrustworthiness or incompetence, including:
Ins 6.92(3)(d)1. 1. Providing incorrect, misleading, incomplete or materially untrue information in the licensing application.
Ins 6.92(3)(d)2. 2. Violating any insurance laws, or violating any regulation, subpoena or order of the insurance commissioner or of another state's insurance commissioner, or of the federal government.
Ins 6.92(3)(d)3. 3. Obtaining or attempting to obtain a license through misrepresentation or fraud;
Ins 6.92(3)(d)4. 4. Improperly withholding, misappropriating or converting any monies or properties received in the course of acting as a navigator or insurance agent.
Ins 6.92(3)(d)5. 5. Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
Ins 6.92(3)(d)6. 6. Having admitted or been found to have committed any insurance unfair trade practice or fraud.
Ins 6.92(3)(d)7. 7. Using fraudulent, coercive, or dishonest practices in the conduct of business in this state or elsewhere.
Ins 6.92(3)(d)8. 8. Demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of personal financial transactions or professional business in this state or elsewhere.
Ins 6.92(3)(d)9. 9. Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district or territory.
Ins 6.92(3)(d)10. 10. Forging another's name to an application for insurance or to any document related to an insurance transaction.
Ins 6.92(3)(d)11. 11. Improperly using notes or any other reference material to complete an examination for an insurance or navigator license.
Ins 6.92(3)(d)12. 12. Failing to comply with an administrative or court order imposing a child support obligation.
Ins 6.92(3)(d)13. 13. Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.
Ins 6.92(3)(e) (e) Minimum Age and Residency. An applicant for navigator licensure shall have attained at least eighteen (18) years of age and shall be a resident of this state or maintain his or her principal place of business in this state.
Ins 6.92(4) (4)Change of name or address.
Ins 6.92(4)(a) (a) A licensed navigator shall, within 30 days, notify the commissioner in a manner prescribed by the commissioner of any change in the navigator's name, residence address, principal place of business, contact email address or mailing address.
Ins 6.92(4)(b) (b) A navigator who is not employed or supervised by or affiliated with a navigator entity and changes residency to a location outside of this state or changes his or her principal place of business to an address outside this state and is not a resident of this state shall have his or her navigator license terminated effective 60 days after the change of address.
Ins 6.92(4)(c) (c) Criteria used by the commissioner to evaluate state residency shall include:
Ins 6.92(4)(c)1. 1. Jurisdiction for payment of state taxes.
Ins 6.92(4)(c)2. 2. Jurisdiction for automobile driver's license and motor vehicle registration.
Ins 6.92(4)(c)3. 3. Location of voter registration.
Ins 6.92(4)(c)4. 4. Location of principal residence, such as owned or rented dwelling, condominium, or apartment.
Ins 6.92(4)(c)5. 5. Location of principal place of business.
Ins 6.92(5) (5)Applicability of other laws. Licensed navigators are subject to the requirements contained at ss. 628.095, 628.097, and 628.10, Stats., as applicable to individual navigators.
Ins 6.92(6) (6)License renewals.
Ins 6.92(6)(a) (a) The nonrefundable renewal fee of $ 35.00 is due before October 1 of each year. The commissioner shall send notice of the renewal fee in a manner prescribed by the commissioner at least 60 days prior to the fee due date to each navigator. Applications for navigator license renewal shall be submitted before the October 1 renewal deadline. The navigator shall provide proof financial responsibility under sub. (7).
Ins 6.92(6)(b) (b) An individual navigator is required to complete at least 8 hours of accident and health insurance continuing education training before October 1 of each year. Training must be completed prior seeking annual renewal of a navigator license. Recurring training shall be completed and reported at a rate of not less than 8 hours each 12 months of each compliance period. Training required under this subsection must be approved by the commissioner and provided by an education provider that is approved by the commissioner.
Ins 6.92(6)(c) (c) Any navigator whose license is terminated for failing to pay renewal fees or failing to complete required annual navigator continuing education or revoked for failing to pay unemployment insurance contributions or failing to pay delinquent taxes may, within 12 months from the termination or revocation date, apply to reinstate for the same navigator license without completing prelicensing navigator training or passing a written examination. The navigator must satisfy the requirement of s. 628.10 (2) (a), (am), or (cm), Stats., satisfactorily complete a reinstatement application and pay twice the amount of the license renewal fee under par. (a). If a navigator license has been terminated or revoked for more than 12 months, the navigator shall, in order to be relicensed, satisfy the examination and other licensing requirements established by subs. (2) to (4).
Ins 6.92(7) (7)Financial responsibility requirements. Each individual navigator not affiliated with a navigator entity shall comply with the requirements of s. 628.92 (5) (b), Stats., by submitting the original bond and form to the office in the form prescribed by the commissioner or by providing evidence of an equivalent coverage alternative subject to the commissioner's prior approval.
Ins 6.92 Note Note: A copy of a sample navigator and navigator entity bond form OCI 11-093, required in sub. (7), may be obtained at no cost from the Office of the Commissioner of Insurance at 125 S. Webster Street, Madison WI 53703, or at the Office's web address: oci.wi.gov.
Ins 6.92 History History: EmR1314: emerg. cr. eff. 9-10-13; CR 13-113: cr. Register August 2014 No. 704, eff. 9-1-14; corrections in (2) (d) 1. b., (e) made under s. 13.92 (4) (b) 7., Stats. Register August 2014 No. 704; CR 19-025: am. (2) (a), (4) (a), (6) (a), (c) Register August 2020 No. 776, eff. 9-1-20.
Ins 6.93 Ins 6.93 Registration of navigator entities.
Ins 6.93(1)(1)Initial application.
Ins 6.93(1)(a) (a) Registration application for navigator entity. An entity registering as a navigator entity shall submit an application to the commissioner in the form prescribed by the commissioner. A completed application shall include: the navigator entity's name; the names of the entity's officers; the current mailing address; the name and contact email address of at least one licensed designated responsible navigator; names, license number, contact email addresses, and mailing addresses for the navigators it employs, supervises or is affiliated with; proof of financial responsibility under sub. (4) (b), and compliance with competence and trustworthiness criteria under s. Ins 6.92 (3), and any documentation required to questions on the application.
Ins 6.93 Note Note: A copy of the navigator entity registration application form OCI 11-091, required in par. (a), may be obtained at no cost from the Office of the Commissioner of Insurance at 125 S. Webster Street, Madison WI 53703, or at the Office's web address: oci.wi.gov.
Ins 6.93(1)(b) (b) Payment of fees. An applicant for an original registration shall pay an initial, non-refundable, registration fee of $100.00 is due with submission of the application.
Ins 6.93(1)(c) (c) Acknowledgement of registration. Determination of the acceptance or rejection of a completed application shall be made within 90 days of receipt by the commissioner of the completed application, which is tolled until receipt of any additional required or requested documentation. The commissioner shall accept a registration if the applicant satisfies the requirements of pars. (a) and (b), and if the applicant is designated by the exchange as a navigator entity, receives funding through a federal grant, is in compliance with s. 628.92 (2), Stats., and is in compliance with applicable federal requirements including 45 CFR 155.215 (a) (1), as amended.
Ins 6.93(2) (2)Registration renewals. The renewal fee of $100.00 is due before October 1 of each year. The commissioner shall send notice of the registration renewal fee in a manner prescribed by the commissioner at least 60 days prior to the fee due date to each navigator entity. Applications for navigator entity renewal shall be submitted before the October 1 renewal deadline. The navigator entity shall comply with the requirements of s. 628.92 (5) (a), Stats., by submitting proof of a current bond or by providing evidence of an equivalent coverage alternative subject to the commissioner's prior approval. Failure to comply with the requirements of this section may be cause for the commissioner to deny, revoke, or suspend the registration of a navigator entity.
Ins 6.93(3) (3)Entity reporting. The navigator entity shall report any updates to the list of navigators given in the application to register as a navigator entity, including additions, deletions, or modifications, within 30 days of the addition, deletion, or modification to the list of navigators.
Ins 6.93(4) (4)Entity liability.
Ins 6.93(4)(a) (a) A navigator entity assumes full legal responsibility for the acts of the navigators whom the entity employs, supervises or is affiliated with for acts that are performed in this state and that are within the scope of the apparent authority to act as a navigator on behalf of the entity.
Ins 6.93(4)(b) (b) The entity shall provide evidence of financial responsibility consistent with s. 628.92 (5) (a), Stats., by submitting the original bond and form to the office in the form prescribed by the commissioner. Alternatively the navigator entity, subject to the commissioner's prior approval, may provide evidence of an equivalent coverage alternative.
Ins 6.93 Note Note: A copy of a sample navigator and navigator entity bond form OCI 11-093, required in sub. (4) (b), may be obtained at no cost from the Office of the Commissioner of Insurance at 125 S. Webster Street, Madison WI 53703, or at the Office's web address: oci.wi.gov.
Ins 6.93(5) (5)Investigation and review.
Ins 6.93(5)(a) (a) The commissioner, or designated examiner, may investigate and review all navigator 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:
Ins 6.93(5)(a)1. 1. Consideration of information available from state, federal, or local agencies, private organizations or agencies, or interested persons.
Ins 6.93(5)(a)2. 2. Investigation upon receipt of a complaint from any person.
Ins 6.93(5)(a)3. 3. Any other information the commissioner deems relevant to the investigation.
Ins 6.93(5)(b) (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 navigator entity may request a hearing before the commissioner under that section.
Ins 6.93 History History: EmR1314: emerg. cr. eff. 9-10-13; CR 13-113: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (1) (title) made under s. 13.92 (4) (b) 2., Stats., and in (1) (c), (2) made under s. 35.17, Stats., Register August 2014 No. 704.; CR 19-025: am. (1) (a), (2) Register August 2020 No. 776, eff. 9-1-20.
Ins 6.95 Ins 6.95 Registration of certified application counselors, nonnavigator assisters and nonnavigator assister entities.
Ins 6.95(1g)(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.
Ins 6.95(1r) (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:
Ins 6.95(1r)(a) (a) The nonnavigator assister entity's name and current mailing address.
Ins 6.95(1r)(b) (b) The name and contact information for the nonnavigator assister entity.
Ins 6.95(1r)(c) (c) The name, business address, and type of nonnavigator assister for each nonnavigator assister it employs, supervises, or is affiliated with.
Ins 6.95(1r)(d) (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.
Ins 6.95(1r)(e) (e) The nonnavigator assister entity's agreement to provide to the commissioner all supporting documents as requested by the commissioner.
Ins 6.95(2) (2)Certified application counselors and other nonnavigator assisters.
Ins 6.95(2)(a) (a) Certified application counselors under 45 C.F.R. 155.225, and other nonnavigator assisters, are eligible to be registered by a nonnavigator assister entity if either of the following apply:
Ins 6.95(2)(a)1. 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.
Ins 6.95(2)(a)2. 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.
Ins 6.95(2)(b) (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.
Ins 6.95(2)(c) (c) The commissioner may deny registration for a certified application counselor and other nonnavigator assisters, for any of the following:
Ins 6.95(2)(c)1. 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)
Ins 6.95(2)(c)2. 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).
Ins 6.95(2)(c)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.
Ins 6.95(3) (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.
Ins 6.95(4) (4)Entity liability. A nonnavigator assister entity assumes legal responsibility, in accordance with s. 628.96 (3), 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.
Ins 6.95(5) (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.
Ins 6.95(6) (6)Investigation and review.
Ins 6.95(6)(a) (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:
Ins 6.95(6)(a)1. 1. Consideration of information available from state, federal, or local agencies, private organizations or agencies, or interested persons.
Ins 6.95(6)(a)2. 2. Investigation upon receipt of a complaint from any person.
Ins 6.95(6)(a)3. 3. Any other information the commissioner deems relevant to the investigation.
Ins 6.95(6)(b) (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.
Ins 6.95 History History: EmR1314: emerg. cr. eff. 9-10-13; CR 13-113: cr. Register August 2014 No. 704, eff. 9-1-14; (1g) and (1r) renumbered from (intro.) and (1) under s. 13.92 (4) (b) 1., Stats., (1g) (title) added under s. 13.92 (4) (b) 2., Stats., correction in (2) (intro.) made under s. 13.92 (4) (b) 7. Register August 2014 No. 704.
Ins 6.96 Ins 6.96 Prohibited business practices. In addition to the prohibited acts contained in s. 628.95 (2), Stats., navigators, navigator entities, nonnavigator assisters and nonnavigator assister entities are prohibited from all of the following:
Ins 6.96(1) (1)Providing enrollment or other specific information regarding a health benefit plan that is not offered in the federal exchange.
Ins 6.96(2) (2)Providing a recommendation comparing health benefit plans that may be better or worse for the consumer or employer.
Ins 6.96(3) (3)Making misleading statements to a consumer or employer regarding or otherwise misrepresenting one's qualifications or services.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.