Article 7 of Chapter 34 of Title 38.2 requires that no individual or entity shall act as a navigator in the Commonwealth, on or after September 1, 2014, unless such individual or entity has been certified by the U.S. Department of Health and Human Services ("HHS") and registered with the Bureau of Insurance ("Bureau").
There will not be a Virginia state-run training program for navigators. Navigators are required to submit an application to the Bureau, pay an application fee, and provide a criminal record history. The Bureau shall register a navigator if his character and general fitness warrant belief that he will act fairly, in the public interest, and in accordance with law. Navigators are prohibited from receiving compensation for services when prohibited by federal law. The Bureau is authorized to investigate those involved in navigator activities and requires them to report to the Bureau (i) any action taken by HHS, (ii) any felony conviction, and (iii) any administrative action taken in another jurisdiction or by another governmental agency in the Commonwealth.
Navigator means an individual or entity described in 42 U.S.C. § 1311(i)(2) that is selected to perform the activities and duties identified in 42 U.S.C. § 18031(i) in the Commonwealth. Navigator does not include an individual or entity licensed as an agent under Chapter 18 (§ 38.2-1800 et seq.) of this title to sell, solicit or negotiate contracts of insurance or annuity in the Commonwealth.