Exceptions to navigator licensing

(1) For purposes of this section: (a) "Negotiate" is as defined in Section 31A-23a-102. (b) "Sell" is as defined in Section 31A-23a-102. (c) "Solicit" is as defined in Section 31A-23a-102. (2) The commissioner may not require a license as a navigator of: (a) a person who is employed by or contracts with: (i) a health care facility that is licensed under Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection, to assist an individual with enrollment in a public program or an application for premium subsidy; or (ii) the state, a political subdivision of the state, an entity of a political subdivision of the state, or a public school district to assist an individual with enrollment in a public program or an application for premium subsidy; (b) a federally qualified health center as defined by Section 1905(1)(2)(B) of the Social Security Act which assists an individual with enrollment in a public program or an application for premium subsidy; (c) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries, if the person is licensed in the appropriate line of authority to sell, solicit, or negotiate accident and health insurance plans; (d) an officer, director, or employee of a navigator: (i) who does not receive compensation or commission from an insurer issuing an insurance contract, an agency administering a public program, an individual who enrolled in a public program or insurance product, or an exchange; and (ii) whose activities: (A) are executive, administrative, managerial, clerical, or a combination thereof; (B) only indirectly relate to the sale, solicitation, or negotiation of insurance, or the enrollment in a public program offered through the exchange; (C) are in the capacity of a special agent or agency supervisor assisting an insurance producer or navigator; (D) are limited to providing technical advice and assistance to a licensed insurance producer or navigator; or (E) do not include the sale, solicitation, or negotiation of insurance, or the enrollment in a public program; (e) a person who does not sell, solicit, or negotiate insurance and is not directly or indirectly compensated by an insurer issuing an insurance contract, an agency administering a public program, an individual who enrolled in a public program or insurance product, or an exchange, including: (i) an employer, association, officer, director, employee, or trustee of an employee trust plan who is engaged in the administration or operation of a program: (A) of employee benefits for the employer's or association's own employees or the employees of a subsidiary or affiliate of an employer or association; and (B) that involves the use of insurance issued by an insurer or enrollment in a public health plan on an exchange; (ii) an employee of an insurer or organization employed by an insurer who is engaging in the inspection, rating, or classification of risk, or the supervision of training of insurance producers; or (iii) an employee who counsels or advises the employee's employer with regard to the insurance interests of the employer, or a subsidiary or business affiliate of the employer; and (f) an Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health Care Improvement Act, which assists a person with enrollment in a public program or an application for a premium subsidy. (3) The exemption from licensure under Subsections (2)(a), (b), and (f) does not apply if a person described in Subsections (2)(a), (b), and (f) enrolls a person in a private insurance plan. (4) The commissioner may by rule exempt a class of persons from the license requirement of Subsection 31A-23b-201(1) if: (a) the functions performed by the class of persons do not require: (i) special competence; (ii) special trustworthiness; or (iii) regulatory surveillance made possible by licensing; or (b) other existing safeguards make regulation unnecessary.