Supporters Of Health Care Reform Decry State’s Navigator Requirements

Supporters of the Affordable Care Act (ACA) are opposing Wisconsin’s rules for those helping others sign up for insurance.

States vary in their oversight and preparation of “navigators” and certified application counselors, specially trained people who help others understand the online marketplace and the plans sold on them.

Bobby Peterson, who runs a public interest law firm called ABC for Health, said background checks, training, a written exam and fees go beyond what is required of others who do similar work, such as those who advise the elderly or people with disabilities about benefits.

“When I look at these rules, they’re surprisingly similar to states that oppose the ACA,” said Peterson. “You don’t see these rules in states that supported the ACA or built their own exchange.”

Wisconsin unsuccessfully sued to stop health reform and opted for a federal exchange instead of running its own. At a legislative hearing on the navigator requirements, some lawmakers questioned whether the strict rules on what navigators can say and do has a chilling effect.

State officials say only insurance brokers are allowed to tell a consumer which plan best suits their needs.

“When you say that XYZ plan is better for you than another plan, that is the sale of insurance and under our state law – under federal law – it’s our view that is the sale of insurance,” said J.P. Wieske, a spokesman for the Office of the Insurance Commissioner. “You can certainly disagree.”

State restrictions on federal navigators were recently blocked in Missouri by a federal judge. Although that ruling does not apply to Wisconsin, health reform supporters say it should give Wisconsin regulators pause about the state’s own rules.