Requirements for Assisting Consumers on the Marketplace Under Arkansas Trade Practices Act and Arkansas Licensing Requirements

Arkansas Insurance Department Mike Beebe Governor January 14, 2014 BULLETIN NO. 2-2014 TO: FROM: .4,111 OF Ala s.. Jay Bradford Commissioner ALL AGENTS, BROKERS, GUIDES, ETC., WANTING TO ASSIST CONSUMERS WITH PURCHASING POLICIES ON THEMARKETPLACE. ARKANSAS INSURANCE DEPARTMENT SUBJECT: REQUIREMENTS FOR ASSISTING CONSUMERS ON THE MARKETPLACE UNDER ARKANSAS TRADE PRACTICES ACT AND ARKANSAS LICENSING REQUIREMENTS All Agents, Brokers, IPA Guides, Navigators, Outreach Enrollment Assisters , and Certified Application Counselors intending to assist consumers with the purchase of health insurance policies though the Arkansas Marketplace or the Arkansas Private Option are required to be licensed under Arkansas Health Insurance Marketplace (HIM) Navigator, Guide, and Certified Application Counselors Act (the Arkansas Licensing HIM Act), Ark. Code Ann. § 23-64-601 et seq., before assisting consumers with purchasing policies on the Marketplace. Additionally, all agencies intending to collect commissions for the sale of insurance through the Marketplace, including Marketplace plans available to Health Care Independence Program participants, are also required to be licensed under Ark. Code Ann. § 23-64-503 for the Marketplace line of authority by no later than October 15, 2014. Failure to become licensed before assisting consumers on the Marketplace, will result in a violation of the Arkansas Licensing HIM Act and the Arkansas Trade Practices Act. Civil and criminal penalties could apply pursuant to Ark. Code Ann. § 23-64-611 and § 23-66-512. Agencies having questions concerning how to become licensed, please contact the Licensing Division at (501) 371-2750 or send an email to insurance.License@arkansas.gov. Individuals having questions concerning how to become licensed, please contact the IPA Guide Program at (501) 683- 2781 or send an email to: ipaguideprogram@arkansas.gov. If you have any additional questions related to this Bulletin, please contact the Legal Division at 501)371-2820 or send an emai to insurance.Legal@arkansas.gov. JA BRA F RD IN RAN E COMMISSI •NER STATE OF ARKANSAS DATE 1200 West Third Street, Little Rock, AR 72201-1904 • (501) 371-2600 • (501) 371-2618 fax • www.insurance.arkansas.gov Information (800) 282-9134 • Consumer Services (800) 852-5494 • Seniors (800) 224-6330 • Criminal Inv. (866) 660-0888