                                 CODE OF VIRGINIA

PROHIBITED ACTIVITIES (§ 38.2-3456)

A. A navigator shall not:

   1. Engage in any activity that would require an insurance agent license under
   this title;

   2. Offer advice about which qualified health plan or qualified dental plan is
   better or worse for a particular individual or employer;

   3. Act as an intermediary between an employer and an insurer that offers a
   qualified health plan or qualified dental plan offered through an exchange;

   4. Violate any unfair trade practice and privacy requirements in &#xA7;&#xA7;
   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

   5. Receive compensation for services or duties as a navigator that are
   prohibited by federal law, including compensation from a health carrier.

B. 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:

   1. Having been selected as a navigator in accordance with applicable federal
   or state law;

   2. Having evidence of successful completion of all navigator requirements
   prescribed by the Secretary or the Exchange; and

   3. Having met requirements established pursuant to &#xA7; 38.2-3457.

C. 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.

HISTORY: 2013, cc. 595, 791; 2014, cc. 752, 769; 2020, cc. 916, 917.