Six Key Points – Proposed Rule On Health Navigators

CMS published a proposed rule on April 5, 2013 detailing regulations that aim to prevent biases and conflicts of interest for Navigators and non-Navigator Assistance Personnel in connection with the soon-to-be implemented health insurance Exchanges (the "Proposed Rule"). The Navigators will assist consumers in a fair, informative and impartial manner to select a health insurance plan through the Exchanges. Comments on the proposed regulation are due May 6, 2013. Last year, CMS published a final rule implementing a program that awards grants to Navigators who carry out a list of required duties for assisting customers in choosing the correct health plan.

The Proposed Rule amends the final regulations in last year's rule and adds additional regulations on: (i) conflict-of-interest and training standards for Navigators and non-Navigator Assistance Personnel carrying out consumer assistance functions; and (ii) ensuring that the information delivered to consumers is