A. Violation of any provision of Title 36 of the Oklahoma Statutes or the federal Patient Protection and Affordable Care Act, including any act or omission that would be a ground for denial, suspension or revocation of the license of an insurance producer under the Oklahoma Producer Licensing Act and of the license of a managing general agent under the Managing General Agents Act, shall be a ground for the denial, suspension, revocation, or refusal to renew a registration, the levy of a fine or any combination of actions.
B. Registration as a navigator pursuant to the provisions of this act shall not constitute licensing as a producer as defined in the Oklahoma Producer Licensing Act.
C. Navigators shall not, except as specifically required by the provisions of the federal act:
1. Provide advice about which health benefit plan or benefits, terms and features of a particular health benefit plan are better or worse for a particular individual or business;
2. Recommend a particular health benefit plan or advise individuals or businesses about which health benefit plan to choose;
3. Receive any commission, compensation or anything of value from any insurer, health benefit plan, business or consumer for performing activities specifically required to be provided as a navigator pursuant to the provisions of the federal act;
4. Accept any compensation or anything of value that is dependent, in whole or in part, on whether a person enrolls in or purchases a health plan;
5. Offer gifts of any value to enrollees or prospective enrollees as an inducement to, or conditioned upon, the submission of an application for health insurance or the purchase or renewal of a health plan;
6. Engage in door-to-door solicitations, make unsolicited telephone calls, or send unsolicited electronic communications;
7. Solicit any person that is known to be currently insured under a health benefit plan;
8. Engage in voter registration activities while performing the duties of a navigator;
9. Make or cause to be made any communication relating to the exchange, health benefit plans, an insurance contract, the insurance business, any insurer or any producer that contains false, deceptive or misleading information;
10. Engage in any unfair method of competition or any fraudulent, deceptive or dishonest act or practice; or
11. Violate any applicable insurance law or regulation of this state or any subpoena or order of the Commissioner.
Added by Laws 2014, c. 321, § 3, eff. Sept. 1, 2014.