Page:United States Statutes at Large Volume 124.djvu/207

124 STAT. 181 PUBLIC LAW 111–148—MAR. 23, 2010 nonprofit groups, chambers of commerce, unions, small business development centers, other licensed insurance agents and brokers, and other entities that— (i) are capable of carrying out the duties described in paragraph (3); (ii) meet the standards described in paragraph (4); and (iii) provide information consistent with the stand- ards developed under paragraph (5). (3) DUTIES.—An entity that serves as a navigator under a grant under this subsection shall— (A) conduct public education activities to raise aware- ness of the availability of qualified health plans; (B) distribute fair and impartial information con- cerning enrollment in qualified health plans, and the avail- ability of premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402; (C) facilitate enrollment in qualified health plans; (D) provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman established under section 2793 of the Public Health Service Act, or any other appropriate State agency or agencies, for any enrollee with a grievance, complaint, or question regarding their health plan, coverage, or a determination under such plan or coverage; and (E) provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Exchange or Exchanges. (4) STANDARDS.— (A) IN GENERAL.—The Secretary shall establish stand- ards for navigators under this subsection, including provi- sions to ensure that any private or public entity that is selected as a navigator is qualified, and licensed if appro- priate, to engage in the navigator activities described in this subsection and to avoid conflicts of interest. Under such standards, a navigator shall not— (i) be a health insurance issuer; or (ii) receive any consideration directly or indirectly from any health insurance issuer in connection with the enrollment of any qualified individuals or employees of a qualified employer in a qualified health plan. (5) FAIR AND IMPARTIAL INFORMATION AND SERVICES.—The Secretary, in collaboration with States, shall develop standards to ensure that information made available by navigators is fair, accurate, and impartial. (6) FUNDING.—Grants under this subsection shall be made from the operational funds of the Exchange and not Federal funds received by the State to establish the Exchange. (j) APPLICABILITY OF MENTAL HEALTH PARITY.—Section 2726 of the Public Health Service Act shall apply to qualified health plans in the same manner and to the same extent as such section applies to health insurance issuers and group health plans. (k) CONFLICT.—An Exchange may not establish rules that con- flict with or prevent the application of regulations promulgated by the Secretary under this subtitle. Standards.