33-17-242. Commissioner's duties -- navigator certification and training program -- training for certified application counselors and others. (1) The commissioner shall:
(a) develop a navigator certification application form that requires an applicant to disclose potential conflicts of interest and any other information the commissioner considers relevant;
(b) establish a navigator certification and training program for a prospective navigator and the navigator's employees;
(c) approve courses and the number of hours required for the navigator certification and training program;
(d) approve courses for continuing education covering 10 hours in every 24-month period; and
(e) certify an applicant qualified under 33-17-241(1) upon the applicant's successful completion of the navigator certification and training program approved by the commissioner.
(2) The commissioner may suspend, revoke, or refuse to issue or renew the navigator certification of a person that has committed an act for which the grounds for denial, suspension, or revocation are described in 33-17-1001 regarding an insurance producer's license.
(3) The commissioner may not certify as a navigator an individual, organization, or business entity that is receiving financial compensation, including monetary or in-kind compensation, gifts, or grants, from an insurer. A navigator certification must be revoked if the navigator receives financial compensation as described in this subsection from an insurer.
(4) The navigator certification and training program established in subsection (1) must include:
(a) a background examination as provided in 33-17-220;
(b) initial training on compliance with all applicable state and federal laws affecting major medical health insurance, exchanges, and qualified health plans;
(c) continuing education as provided in subsection (1)(d); and
(d) an examination.
(5) The commissioner may prescribe training for an application counselor provided for in federal rule and other persons who while not part of the navigator program assist those who sign up for an exchange. The commissioner may require completion of the training before certification by the exchange. The training must be designed for those who assist applicants seeking to enroll in coverage through the exchange.