(or...I can Obstruct, too)
Here's the proposed rules out of Austin, yesterday...obviously intended to make it harder to get folks in Texas signed up for health insurance, under the ACA/”Obamacare”.
http://www.tdi.texas.gov/rules/2013/documents/navproposal.pdf
And here's what I deem the relevant parts of all of this Legalese :
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
TITLE 28. INSURANCE
Proposed
Sections
Part I. Texas Department of Insurance
Page
18of 64
Chapter 19. Agents’ Licensing
To address this insufficiency, the commissioner proposes standards
that, under
§19.4003, are
generally applicable to all entities and individuals performing the
navigator function through a health benefit exchange including
: federal navigator grant recipients
individuals employed by, associated with, or partnered with a federal
navigator grant recipient; and
entities or individuals who are neither federal navigator
grant recipients, nor employed by, associated with, or partnered with a federal navigator grant recipient.
…........
n proposing the registration process, the
department attempts to limit the impact of the section to entities and individuals with the most direct access to consumer information. To this end, the
department proposes that
only entities and individuals who provide enrollment
assistance in a health benefit exchange must register with the department.
…..................
Section 19.4003. Applicability.
Subchapter W would applyto any individual or
entity providing navigator services in Texas on or after March 1, 2014.
Section 19.4003 follows the language of Insurance Code §4154.004 in listing
individuals and entities to whom Subchapter W does not apply: Texas
-licensed life, accident, and health insurance agents, counselors, or companies. In addition, Subchapter W does not apply
to an individual or entity providing assistance to consumers in
compliance with state or federal authority other than 42 USC §18031, such as those providing services under Texas’ Health Information Counseling and Advocacy Program, nor does Subchapter W apply to a certified application counselor designated
under 45 CFR
§
155.225
….....................
Section 19.4004. Registration Required.
Section 19.4004 identifies the entities and individuals who must register with
the department before they may provide
enrollment assistance in a health benefit exchange.
They are: individuals who provide
navigator services in Texas, entities that provide or facilitate the provision of navigator services in Texas, and employees of navigator entities who provide enrollment assistance in a
health benefit exchange on behalf of the navigator entity in Texas.
These employees of navigator entities must register as individual navigators.
…..................
“Navigator services” are those performed under Insurance Code Chapter 4154; 28 TAC Chapter
19, Subchapter W; 42 USC §18031; or any regulation issued under 42 USC §18031
.
The definition contains a nonexclusive list of possible services.
….....................................
Section 19.4014. Prohibitions.
Section 19.4014 describes acts that an entity
or individual may not engage in while providing navigator services. Navigat
or entities and individual navigators may not engage in electioneering activities
, charge consumers for providing information about health coverage affordability programs or health insurance concepts related to qualified health plans, sell or negotiate health insurance coverage, recommend a specific health benefit plan, or provide advice regarding
substantive benefits or comparative benefits of different health plans.
….....................
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Wow.
Way to make it clear and unambiguous!
It appears to me, after reading and studying this document...as well as rummaging in the actual codes and laws and regulations referenced in that document....that I , in my capacity as “Smart Dude on the Block”, am forbidden from helping my Neighbor to fill out online forms and such on the Federal Exchange Website.
It also appears that I could get in trouble for simply explaining the Exchange, etc to an interested party, in my front yard, or in the feed store.
So, I'm calling the Texas Department of Insurance.
Lol.
s
TDI Agency
800-578-4677
Specifically, I would like a clear Definition of “Navigator”.
A search of their site fails to come up with one.
….and to clarify that presumably forthcoming definition....I'd love to know if the State of Texas considers me, the Smart Guy in the Neighborhood, a “Navigator”....and therefore subject to all these onerous and expensive rules.
…...which is, apparently, a Bridge Too Far...
“Susan” at the Consumer Division at TDI...was decidedly unhelpful.
She read the page to me, linked above.
We never could get to an actual definition of “Navigator”....and.whether I fall under these proposed rules.
She kept repeating that “These are just PROPOSED rules....”...and that they , therefore, don't apply to anyone.
She also said, more than once, that if I was worried about it, I should cease such subversive activities as talking to my neighbor.
I reminded her that she essentially worked for me(and a few million others), and that I had every right to take part in the making of such rules...her:”No, I work for the Insurance Commissioner”...me:”who works for the People of Texas, of which I am one...ergo...”...lol.
So I called Harvey Hilderbran's office...he's my state Representative.
The woman who answered the phone(Pat) had no idea, either...so she's calling TDI.
Both of these women, my Employees, had much to say, offhand, about Liberals and Feds and that Damned Obama. Harvey's woman actually asked how anyone from Mason , Texas could be a Liberal...then tried to pass that comment off as “Just Joshing...”
They also both seemed to be surprised that there was any “Obamacare” in Texas, at all...
I await her return call with bated breath.
….......................................................
Next, I'll make the same exact call to my State Senator...Robert Duncan....
….the woman who answered there was a lot nicer..but she is involved with Education Policy, which we talked about....someone named Tyler(?) is supposed to get back to me, from Duncan's Office.
This person was also seemingly aware of the presence of “Obamacare” in Texas, despite the best efforts of Goptea.
Shocking, that Texas falls under Federal Law.
….............................................................
Next, I called Texas Senator Kirk Watson's Office. He's a Democrat, and had pushed through a bill in Austin that was intended to head off some of the Obstruction regarding “Obamacare” in Texas.
The Tex Goptea, however, had other ideas, and used his bill to try to implement these rules.
The relevant Person in his Office has my name and number.
…..............................................
RickPerry's Office wants a written question...which I will include in this little missive.(1)....and the Texas Democratic headquarters is currently occupied by Robots, who send me around and around. I wanted to know if they had any answers to questions like mine....and if anyone else was calling around and bothering people in state government on this.
….......................................................
Here's a Texas Liberal Group's take on this issue:[http://texaswellandhealthy.org/2013/11/22/with-more-than-6-million-uninsured-navigators-are-crucial-for-connecting-texans-to-coverage/]
“Individuals who are just helping their children, parent, neighbor, or friend apply for coverage (but who are not soliciting enrollment assistance to the public) do NOT appear to be exempt. It would be unreasonable to expect people who help a family member or neighbor fill out an application at their kitchen table to register with the state. It is possible that people who help their family and friends apply and take the additional step to become an “authorized representative,” as provided for in federal regulation for the Marketplace, Medicaid, and CHIP, would be exempt. “
Again...no real answer to my question....I've called them, too.
Just because it would be “Unreasonable” doesn't in any way prevent the State of Texas, from doing anything. They do unreasonable things , literally, all the time.
My issue with these proposed Rules, is that they would appear to be so broad and nebulous, that they would have the effect of Potentially Regulating my Speech.
That's gonna be a Problem.
Specifically, this part(also quoted above):
“....the commissioner proposes standards that, under
§19.4003, are generally applicable to all entities and individuals performing the
navigator function through a health benefit exchange including
: federal navigator grant recipients
individuals employed by, associated with, or partnered with a federal
navigator grant recipient; and
entities or individuals who are neither federal navigator
grant recipients, nor employed by, associated with, or partnered with a federal navigator grant recipient.”
….”Generally Applicable...” and the last part, about those individuals who are not connected with “Entities”, etc.
It's very muddy.
...as intended.
This smells of ALEC, and appears to be yet another underhanded and sneaky attempt to subvert a Bonafide Federal Law that the Right doesn't like...even though it was, essentially, Their Idea, in the first damned place....Heritage, itself seems to have misplaced the 1989 white paper(I'm shocked!)[http://www.heritage.org/research/reports/1989/a-national-health-system-for-america]
But here's the Liberal take:(http://americablog.com/2013/10/original-1989-document-heritage-foundation-created-obamacares-individual-mandate.html)
...and here's the Not-Liberal WSJ on the matter:(http://online.wsj.com/news/articles/SB10001424052970204369404577211161144786448)
Regardless of the provenance of the idea of a “Market Based Approach to Health Care”...it is now the Law of the Land...but the Right just can't let it go, and have gone way over the shark in trying to undo this thing.
They have even put up Sham Websites to fool people who are looking to sign up.
It's just Ugly and Mean...to say nothing of Dishonest.
It's also quite effective.
Even the folks in Government(in Texas, at least) who are supposed to know about this stuff, are woefully uninformed, misinformed and living in Faux News Surreality-Land.
Given the acrimony, and the unbridled and shameless lies and hypocrisy habitually and increasingly exhibited by Goptea-Controlled Texas Gooberment, I don't think that this is a silly or specious question, at all.
I see no reason, at the moment, to separate out the Gop/Tea from State Government....right now, they are one and the same.
That's reason enough to stir up this pot of crap, and to treat My Government as an adversary.
Bringing the weight of Government down on somebody like me for helping a neighbor, would fit the playbook...it would be decidedly In-Character.
Even so, it's more likelythat these Rules are intended to further muddy the water, sow confusion...and make folks think twice about helping their friends and neighbors sign up for the Exchange.
That's wrong, in so many ways.
I'll be back, if and when all these folks get back to me.
I expect hilarity and farce.
Stay tuned.
…......................................................
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
(1) Letter to Rick Perry:
:
Mr Governor,
Regarding the proposed rules for “Navigators”, at the Texas Department of Insurance....
Here's the Document I'm reading:
http://www.tdi.texas.gov/rules/2013/documents/navproposal.pdf
On Page
18of 64
Chapter 19. Agents’ Licensing
“…..To address this insufficiency, the commissioner proposes standards
that, under
§19.4003, are
generally applicable to all entities and individuals performing the
navigator function through a health benefit exchange including
: federal navigator grant recipients
individuals employed by, associated with, or partnered with a federal
navigator grant recipient; and
entities or individuals who are neither federal navigator
grant recipients, nor employed by, associated with, or partnered with a federal navigator grant recipient.”
What I'm after is a definition of “Navigator”, and a clarification of that last part.
I am not affiliated with any organisation, federal, state, or otherwise.
I'm just the Smart Guy on the Block, who my Neighbors come to for answers and explanations regarding things such as this.
Under the above quoted language, it would appear that I would fall under these quite onerous rules.
If my Neighbor approaches me and says, “Hey Joe, can you help me navigate the Federal Health Exchange?”....am I free to do so, under these rules?
Or must I get a license?
Am I exempt, since I'm not affiliated with anyone?
Where does it say that, in these proposed rules?
Thanks,
J
amfortasthehippie@gmail.com
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