{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3456.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3456.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3456.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3456.html"}],"law_id":74749,"edition_id":1,"section_id":74749,"structure_id":14589,"section_number":"38.2-3456","catch_line":"Prohibited activities","history":"2013, cc. 595, 791; 2014, cc. 752, 769; 2020, cc. 916, 917.","full_text":"A\n\nA navigator shall not:1\n\nEngage in any activity that would require an insurance agent license under this title;2\n\nOffer advice about which qualified health plan or qualified dental plan is better or worse for a particular individual or employer;3\n\nAct as an intermediary between an employer and an insurer that offers a qualified health plan or qualified dental plan offered through an exchange;4\n\nViolate any unfair trade practice and privacy requirements in §§ 38.2-502, 38.2-503, 38.2-506, 38.2-509, 38.2-512, 38.2-515, 38.2-612.1, 38.2-613, and 38.2-614 to the extent such requirements are applicable to the activities of navigators; or5\n\nReceive compensation for services or duties as a navigator that are prohibited by federal law, including compensation from a health carrier.B\n\nAn individual or entity shall not claim to be, or otherwise hold himself or itself out as, a navigator or conduct business as a navigator in the Commonwealth without:1\n\nHaving been selected as a navigator in accordance with applicable federal or state law;2\n\nHaving evidence of successful completion of all navigator requirements prescribed by the Secretary or the Exchange; and3\n\nHaving met requirements established pursuant to § 38.2-3457.C\n\nIf an individual or entity has engaged in the Commonwealth in one or more of the prohibited activities identified in this section, a complaint may be filed with the Commission. The Commission, upon investigation and verification of the prohibited activity or activities, may order such individual or entity to cease and desist such prohibited conduct.","order_by":null,"text":{"0":{"id":268631,"text":"A navigator shall not:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":268632,"text":"Engage in any activity that would require an insurance agent license under this title;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":268633,"text":"Offer advice about which qualified health plan or qualified dental plan is better or worse for a particular individual or employer;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":268634,"text":"Act as an intermediary between an employer and an insurer that offers a qualified health plan or qualified dental plan offered through an exchange;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":268635,"text":"Violate any unfair trade practice and privacy requirements in §§ 38.2-502, 38.2-503, 38.2-506, 38.2-509, 38.2-512, 38.2-515, 38.2-612.1, 38.2-613, and 38.2-614 to the extent such requirements are applicable to the activities of navigators; or","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":268636,"text":"Receive compensation for services or duties as a navigator that are prohibited by federal law, including compensation from a health carrier.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":268637,"text":"An individual or entity shall not claim to be, or otherwise hold himself or itself out as, a navigator or conduct business as a navigator in the Commonwealth without:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"B1"},"7":{"id":268638,"text":"Having been selected as a navigator in accordance with applicable federal or state law;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"8":{"id":268639,"text":"Having evidence of successful completion of all navigator requirements prescribed by the Secretary or the Exchange; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"9":{"id":268640,"text":"Having met requirements established pursuant to § 38.2-3457.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"10":{"id":268641,"text":"If an individual or entity has engaged in the Commonwealth in one or more of the prohibited activities identified in this section, a complaint may be filed with the Commission. The Commission, upon investigation and verification of the prohibited activity or activities, may order such individual or entity to cease and desist such prohibited conduct.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"ancestry":[{"id":14589,"edition_id":1,"name":"Navigators","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12993,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":215571,"object_type":"structure","relational_id":14589,"identifier":"7","token":"38.2\/34\/7","url":"\/38.2\/34\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12993,"edition_id":1,"name":"Provisions Relating to Accident and Sickness Insurance","identifier":"34","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":214887,"object_type":"structure","relational_id":12993,"identifier":"34","token":"38.2\/34","url":"\/38.2\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64550,"structure_id":14589,"section_number":"38.2-3455","catch_line":"Definitions","url":"\/38.2-3455\/","token":"38.2\/34\/7\/38.2-3455","metadata":false},{"id":74749,"structure_id":14589,"section_number":"38.2-3456","catch_line":"Prohibited activities","url":"\/38.2-3456\/","token":"38.2\/34\/7\/38.2-3456","metadata":false},{"id":67193,"structure_id":14589,"section_number":"38.2-3457","catch_line":"Application for registration","url":"\/38.2-3457\/","token":"38.2\/34\/7\/38.2-3457","metadata":false},{"id":65145,"structure_id":14589,"section_number":"38.2-3458","catch_line":"Power of Commission to investigate navigators","url":"\/38.2-3458\/","token":"38.2\/34\/7\/38.2-3458","metadata":false},{"id":56089,"structure_id":14589,"section_number":"38.2-3459","catch_line":"Grounds for termination, placing on probation, revocation, or suspension of registration","url":"\/38.2-3459\/","token":"38.2\/34\/7\/38.2-3459","metadata":false},{"id":79516,"structure_id":14589,"section_number":"38.2-3460","catch_line":"Sufficiency of federal requirements; additional standards and qualifications for navigators","url":"\/38.2-3460\/","token":"38.2\/34\/7\/38.2-3460","metadata":false}],"previous_section":{"id":64550,"structure_id":14589,"section_number":"38.2-3455","catch_line":"Definitions","url":"\/38.2-3455\/","token":"38.2\/34\/7\/38.2-3455","metadata":false},"next_section":{"id":67193,"structure_id":14589,"section_number":"38.2-3457","catch_line":"Application for registration","url":"\/38.2-3457\/","token":"38.2\/34\/7\/38.2-3457","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3456\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 595<\/a> and 791<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2014, chapters 752<\/a> and 769<\/a>; in 2020, chapters 916<\/a> and 917<\/a>.<\/p>","references":false,"refers_to":[{"id":79437,"section_number":"38.2-502","catch_line":"Misrepresentations and false advertising of insurance policies","order_by":null,"url":"\/38.2-502\/"},{"id":54663,"section_number":"38.2-503","catch_line":"False information and advertising generally","order_by":null,"url":"\/38.2-503\/"},{"id":78214,"section_number":"38.2-506","catch_line":"False statements and entries","order_by":null,"url":"\/38.2-506\/"},{"id":66721,"section_number":"38.2-509","catch_line":"Rebates","order_by":null,"url":"\/38.2-509\/"},{"id":77547,"section_number":"38.2-512","catch_line":"Misrepresentation in insurance documents or communications","order_by":null,"url":"\/38.2-512\/"},{"id":77046,"section_number":"38.2-515","catch_line":"Power of Commission","order_by":null,"url":"\/38.2-515\/"},{"id":64433,"section_number":"38.2-612.1","catch_line":"Special requirements for providing financial information to nonaffiliated third parties","order_by":null,"url":"\/38.2-612.1\/"},{"id":55493,"section_number":"38.2-613","catch_line":"Disclosure limitations and conditions","order_by":null,"url":"\/38.2-613\/"},{"id":78057,"section_number":"38.2-614","catch_line":"Powers of Commission","order_by":null,"url":"\/38.2-614\/"}],"permalink":{"id":215577,"object_type":"law","relational_id":74749,"identifier":"38.2-3456","token":"38.2\/34\/7\/38.2-3456","url":"\/38.2-3456\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3456\/","token":"38.2\/34\/7\/38.2-3456","dublin_core":{"Title":"Prohibited activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3456","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A navigator<\/span> shall not: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Engage in any activity that would require an insurance<\/span> agent license under this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Offer advice about which qualified health plan<\/span> or qualified dental plan<\/span> is better or worse for a particular individual or employer; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Act as an intermediary between an employer and an insurer<\/span> that offers a qualified health plan<\/span> or qualified dental plan<\/span> offered through an exchange<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Violate any unfair trade practice and privacy requirements in §§ 38.2-502<\/a>, 38.2-503<\/a>, 38.2-506<\/a>, 38.2-509<\/a>, 38.2-512<\/a>, 38.2-515<\/a>, 38.2-612.1<\/a>, 38.2-613<\/a>, and 38.2-614<\/a> to the extent such requirements are applicable to the activities of navigators<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Receive compensation for services or duties as a navigator<\/span> that are prohibited by federal law<\/span>, including compensation from a health carrier. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An individual or entity shall not claim to be, or otherwise hold himself or itself out as, a navigator<\/span> or conduct business as a navigator<\/span> in the Commonwealth without: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Having been selected as a navigator<\/span> in accordance with applicable federal or state<\/span> law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Having evidence<\/span> of successful completion of all navigator<\/span> requirements prescribed by the Secretary<\/span> or the Exchange<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Having met requirements established pursuant to § 38.2-3457<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an individual or entity has engaged in the Commonwealth in one or more of the prohibited activities identified in this section, a complaint may be filed with the Commission<\/span>. The Commission<\/span>, upon investigation and verification of the prohibited activity or activities, may order<\/span> such individual or entity to cease and desist such prohibited conduct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTIVITIES (\u00a7 38.2-3456)\n\nA. A navigator shall not:\n\n 1. Engage in any activity that would require an insurance agent license under\n this title;\n\n 2. Offer advice about which qualified health plan or qualified dental plan is\n better or worse for a particular individual or employer;\n\n 3. Act as an intermediary between an employer and an insurer that offers a\n qualified health plan or qualified dental plan offered through an exchange;\n\n 4. Violate any unfair trade practice and privacy requirements in §§\n 38.2-502, 38.2-503, 38.2-506, 38.2-509, 38.2-512, 38.2-515, 38.2-612.1,\n 38.2-613, and 38.2-614 to the extent such requirements are applicable to the\n activities of navigators; or\n\n 5. Receive compensation for services or duties as a navigator that are\n prohibited by federal law, including compensation from a health carrier.\n\nB. An individual or entity shall not claim to be, or otherwise hold himself or\nitself out as, a navigator or conduct business as a navigator in the\nCommonwealth without:\n\n 1. Having been selected as a navigator in accordance with applicable federal\n or state law;\n\n 2. Having evidence of successful completion of all navigator requirements\n prescribed by the Secretary or the Exchange; and\n\n 3. Having met requirements established pursuant to § 38.2-3457.\n\nC. If an individual or entity has engaged in the Commonwealth in one or more of\nthe prohibited activities identified in this section, a complaint may be filed\nwith the Commission. The Commission, upon investigation and verification of the\nprohibited activity or activities, may order such individual or entity to cease\nand desist such prohibited conduct.\n\nHISTORY: 2013, cc. 595, 791; 2014, cc. 752, 769; 2020, cc. 916, 917.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}