83R2860 JRR-D
 
  By: Guillen H.B. No. 459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a navigator program as described by the
  Patient Protection and Affordable Care Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle G, Title 8, Insurance Code, is amended
  by adding Chapter 1509 to read as follows:
  CHAPTER 1509. NAVIGATOR PROGRAM
         Sec. 1509.001.  NAVIGATOR PROGRAM. (a) The department
  shall:
               (1)  establish a navigator program as described by
  Section 1311(i), Patient Protection and Affordable Care Act (42
  U.S.C. Section 18031(i));
               (2)  select entities qualified to serve as navigators
  in accordance with Section 1311(i), Patient Protection and
  Affordable Care Act (42 U.S.C. Section 18031(i)), and standards
  developed by the secretary of the United States Department of
  Health and Human Services;
               (3)  adopt rules governing the certification of a
  navigator;
               (4)  certify navigators as able to carry out the duties
  required by Section 1311(i)(3), Patient Protection and Affordable
  Care Act (42 U.S.C. Section 18031(i)(3)); and
               (5)  provide training to navigators.
         (b)  At a minimum, training under this section must:
               (1)  enable a navigator to provide individuals and
  enrollees with complete and accurate information about coverages
  available through a health care exchange formed in compliance with
  Section 1311, Patient Protection and Affordable Care Act (42 U.S.C.
  Section 18031); and
               (2)  educate navigators regarding how, and under what
  circumstances, to refer an individual or enrollee to an agent
  licensed under Section 4054.051.
         (c)  The department may charge a reasonable fee for training
  services provided under this section, except that the department
  may not charge a fee to a navigator that is a nonprofit, tax-exempt
  organization listed in Section 501(c) or (d) of the Internal
  Revenue Code of 1986, including a faith-based organization.
         (d)  A navigator may not:
               (1)  sell, solicit the sale or purchase of, or
  negotiate concerning the sale of health benefit plan coverage; or
               (2)  receive a commission from a health benefit plan
  issuer or other insurer.
         SECTION 2.  This Act takes effect September 1, 2013.