Okla. Stat. tit. 36, § 36-1415.3

Violations.

A. No navigator shall provide assistance with regard to health

benefit plans as a navigator in this state under the provisions of

the federal act unless registered in accordance with this act. The

Insurance Commissioner must maintain a registry of navigators.

B. An individual applying for a navigator registration shall

make application on a form developed by the Commissioner and shall

declare under penalty of refusal, suspension, or revocation of the

registration that the statements made in the application are true,

correct, and complete to the best of the applicant's knowledge. The

Commissioner may not allow any applicant to register who does not

meet or conform to the following qualifications or requirements:

1. The applicant shall establish to the satisfaction of the

Commissioner that he or she has read and will comply with written

materials provided by the Commissioner concerning ethics, consumer

privacy, the insurance laws of this state, and any other topic or

topics the Commissioner deems necessary and attests to such

understanding and intent to comply with all state statutes and

rules;

2. The applicant shall attest to an understanding of the

disclosure and recordkeeping requirements of the registry and the

ability to provide and maintain such documents;

3. An applicant shall be not less than eighteen (18) years of

age and of good moral character;

4. The applicant shall successfully complete a criminal history

and regulatory background investigation in the manner that the

Commissioner requires;

5. The applicant shall identify the entity with which he or she

is, or will be, affiliated and supervised; and

6. The applicant shall pay a registration fee prescribed by the

Commissioner not to exceed Fifty Dollars ($50.00).

C. An entity applying for a navigator entity registration shall

make application on a form developed by the Commissioner and shall

declare under penalty of refusal, suspension or revocation of the

registration that the statements made in the application are true,

correct and complete to the best of the applicant's knowledge. The

Commissioner shall not issue a registration to any entity applicant

that does not meet or conform to the following qualifications or

requirements:

1. Establishes policies and procedures to ensure that acts that

may be performed only by a registered navigator or licensed producer

are performed by persons who are appropriately registered or

licensed;

Oklahoma Statutes - Title 36. Insurance Page 324

2. Acknowledges and accepts legal responsibility for the acts

of the individual navigators that it employs, supervises, or is

affiliated with that are performed in this state and that are within

the scope of the navigator's apparent authority; and

3. Pays a registration fee prescribed by the Commissioner not

to exceed Fifty Dollars ($50.00).

D. The registration of an individual navigator or navigator

entity shall expire one year after issuance. An individual

applicant for a renewal registration shall provide proof that he or

she has completed continuing education as required under the federal

act and shall establish to the satisfaction of the Commissioner that

he or she has read and will comply with written materials provided

by the Commissioner concerning ethics, consumer privacy, the

insurance laws of this state and any other topic or topics the

Commissioner deems necessary and attests to such understanding and

intent to comply with all state statutes and rules.

E. A registered individual navigator must:

1. Provide a disclaimer in a form prescribed by the

Commissioner to each individual or group whom the navigator assists,

which shall include the name of the navigator and the navigator

entity;

2. Record the name and contact information for each individual

or group whom the navigator assists in enrolling on the exchange and

the date of contact and provide such information to the navigator

entity immediately;
laimer in a form prescribed by the

Commissioner to each individual or group whom the navigator assists,

which shall include the name of the navigator and the navigator

entity;

2. Record the name and contact information for each individual

or group whom the navigator assists in enrolling on the exchange and

the date of contact and provide such information to the navigator

entity immediately;

3. Allow for an on-site inspection of operations and records

specifically related to the fulfillment of the enrollment or

assistance with enrollment duties as required by this act by the

navigator at any time, including providing summary reports as

requested by the Commissioner, which shall not include personally

identifiable information. Provided, however, a registered

individual navigator shall, upon inquiry by the Commissioner, verify

the name, contact information, and date of contact for an individual

or group assisted in enrolling on the exchange by the navigator;

4. Report to the Commissioner any administrative action taken

by a governmental agency against the navigator in this state or in

any other jurisdiction within thirty (30) calendar days of the final

disposition of the matter;

5. Report to the Commissioner any criminal prosecution of the

navigator taken in any jurisdiction within thirty (30) calendar days

of the initial pretrial hearing date; and

6. Notify the Commissioner within ten (10) calendar days of any

action by an exchange or related party that restricts or terminates

the navigator's authorization to act as a navigator.

F. A registered navigator entity must:

1. Maintain a record of all individuals employed or overseen as

a navigator for a period of three (3) years following the

Oklahoma Statutes - Title 36. Insurance Page 325

termination of the employment or oversight of the individual as a

navigator;

2. Maintain all records required to be provided to the

navigator entity by registered navigators for a period of three (3)

years following the termination of the employment or oversight of

each individual as a navigator;

3. Allow for an on-site inspection of operations and records

specifically related to the fulfillment of the enrollment or

assistance with enrollment duties as required by this act by the

navigator at any time, including providing summary reports as

requested by the Commissioner, which shall not include personally

identifiable information. Provided, however, a registered navigator

entity shall, upon inquiry by the Commissioner, verify the name,

contact information, and date of contact for an individual or group

assisted in enrolling on the exchange by any navigator employed or

overseen by the navigator entity;

4. Provide the Commissioner with a list of all individual

navigators that it employs, supervises or is affiliated with, in a

manner prescribed by the Commissioner; and

5. Report to the Commissioner any termination of employment,

engagement, affiliation or other relationship with an individual

navigator within thirty (30) days, using a format prescribed by the

Commissioner, if the navigator is terminated for failing to comply

with any requirement of this title.

G. Any person who acts as a navigator without holding an active

registration at the time of the action shall be guilty of a

misdemeanor and shall be punished by the imposition of a fine of not

more than Two Hundred Fifty Dollars ($250.00) or imprisonment in the

county jail for not less than three (3) months nor more than six (6)

months, or be punished by both such fine and imprisonment.

H. Any navigator who violates the provisions of this act shall

be subject to a civil fine of not less than Fifty Dollars ($50.00)

nor more than Five Hundred Dollars ($500.00) for each occurrence.

I. Any navigator entity that allows an individual who is

employed or overseen by the navigator entity to interact with

individuals or groups performing any of the functions of a navigator
risonment.

H. Any navigator who violates the provisions of this act shall

be subject to a civil fine of not less than Fifty Dollars ($50.00)

nor more than Five Hundred Dollars ($500.00) for each occurrence.

I. Any navigator entity that allows an individual who is

employed or overseen by the navigator entity to interact with

individuals or groups performing any of the functions of a navigator

without an active registration shall be subject to a civil fine of

not more than Five Hundred Dollars ($500.00) for each individual or

group with whom the unregistered individual interacts as a navigator

and a civil fine of not more than Fifty Dollars ($50.00) for each

day the unregistered individual performs acts as a navigator.

J. Any navigator entity that fails to retain the documentation

required by this act shall be subject to a civil fine of not less

than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00) for each occurrence.