The government this week awarded $67 million to organizations that will serve as Navigators, orthose who help people sign up for insurance under the new healthcare law.

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The Department of Health and Human Services acted as insuranceagents ramped up their efforts, working through Republican membersof Congress, to create high barriers for non-agents to counselpeople on how to access health exchanges and benefit from othercomponents of the health care law.

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The grants made Thursday were to 105 organizations in statesthat are letting the federal government run their online insurancemarketplaces because the leadership in those states are doingeverything they can to thwart implementation of the program.

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The two laws – introduced as Congress left for itsfive-week summer recess in early August – were introduced by Rep.Cathy McMorris Rodgers, R-Wash. They are consistent with actions in34 states aimed at ensuring that their licensed agents areprotected by requiring that navigators follow stringent rules indiscussing the health care bill with consumers.

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The two pieces of legislation effectively seek to requirestates, mostly large ones with big urban populations, tofollow the same rules that agentshave been getting legislatures in conservative states to enact.

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The bills pertain to the funding of navigator programs, as wellas in-person assisters and certified application counselors, asenacted under the Patient Protection and Affordable Care Act,commonly known as Obamacare.

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H.R. 2980 says that no money can be awarded to potentialnavigators until the secretary of the HHS confirms that recipientsof the funding have certified that they: (1) will not provideadvice concerning benefits, terms and features of a particularhealth plan; (2) will not recommend or endorse a particular healthplan or advise consumers about which health plan to choose; (3)will not accept any compensation that is dependent on whether aperson enrolls in or purchases a health plan; and (4) will notviolate any applicable insurance law or regulation.

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Another bill, H.R. 2951, focuses on putting safeguards,certifications and audits in place to guard against the inevitablewaste, fraud and abuse created by exchanges, subsidies andnavigator programs.

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According to officials of the Independent Insurance Agents andBrokers of America, “This is of particular importance since theAdministration has announced it will be loosening the verificationmechanisms for subsidy eligibility through the new health insuranceexchanges.”

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Under H.R. 2951, “Only if the certifications and safeguardsstipulated in the bill are put in place and enforced can theexchange subsidies be distributed and enrollment assistance funds,including navigator grants, be awarded.”

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In June, nine Republican members of the Senate, who are seekingto repeal the law, sent a letter to Kathleen Sebelius, HHSsecretary, seeking to accomplish the same thing. Earlier in June,33 members of the House sent a similar letter to Sebelius.

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The letter, written at the request of officials of the NationalAssociation of Professional Insurance Agents argues thatguidelines proposed for navigators and counselors“provide significantly less protection to patients and consumersthan the states have provided through licensed insurance agents fordecades.”

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Health care professionals say that the navigator program will beparticularly important to the health law's success in someRepublican-led states that aren't doing any state-directed outreachto the uninsured.

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The grant winners don't have much time to hire and trainoutreach workers. Enrollment for the health law's new coverageoptions starts Oct. 1, and benefits kick in Jan. 1.

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Navigators must complete a training program developed by thefederal government and pass an exam.

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