The National Association of Dental Plans (NADP) and Delta Dental Plans Association (DDPA) surveyed issuers in all states (including state-based exchanges) and are happy to forward similar reports on state-based exchanges upon request.

http://www.nadp.org/index.aspx

Hi Michelle- This is a very interesting question. It may also be relevant to partnership exchanges, as it seems like the feds will be hiring those navigators as well. We've heard from states that navigators might not be subject to existing licensure requirements because they are not selling insurance, but haven't seen other legislation like this. How are other partnership and FFE states viewing their role with respect to navigator oversight? Chime in below!

This is the Bill which has been introduced in Tennessee in relation to licensing of Navigators. In reply to Rachel's reply below this bill not only talks about the sale of insurance but the negotiations of insurance contracts as well. Who has authority to regulate or who has oversight of insurance in each state, the state or federal government? And if the federal government then what about the McCarren-Ferguson Act which gave the states authority to regulate insurance? To my knowledge that legislation has not been overturned or overridden?

Hello Tricia, actually my reply was not in relation to your right before mine as we must have posted about the same time. I was just replying to Michelle post with a reference to the legislation being proposed in Tennessee. Also I was just asking the question about who regulates the business of insurance? Evidently some state legislatures feel that it is their responsibility. I'm not trying to start an argument about who should be a Navigator or what they can do. My understand is that exchanges will/could have Navigators and Consumer Assistance Providers. But again not being argumentative but I'll ask again Who has the authority to regulate the business of insurance? Please Google McCarran Ferguson Act and read it. Has the federal government repealed this. If not then the way I understand it each state determines through state statutes who has to be licensed or not and are tasked with defining is selling or negotiating insurance contracts. The insurance policy will be a contract, right? Now I stand to be corrected and maybe federal legislation would override the states legislation. If it does please correct me and provide a reference a can go to understand that. Again just asking questions not trying to debate or be argumentative. I would appreciate anything that any others can add which might clarify the issue.

And the attached brief from 2011 where Penn State Law School analyses the McCarren Ferguson Act and explains some of the challenges to it and why they have failed.

And then the Dodd-Frank bill tried to repeal McCarran-Ferguson but was unable to defeat states rights to regulate health insurance........... he newly established Federal Insurance Office (FIO) and its director shall have authority over all lines of insurance "except" health insurance, long term care insurance (except long-term care insurance included with life or annuity insurance) and crop insurance, which is governed by the Federal Crop Insurance Act. Read the complete article here...... http://www.foxrothschild.com/newspubs/newspubsArticle.aspx?id=15314 Now I'm no lawyer and again I stand to be corrected, but I don't believe Congress has repealed the
McCarren-Ferguson Act or pierced it in relation to the regulation of health insurance.