Sec. 14.35.13.05. Application Procedures

A. In order to obtain an application counselor certification, the applicant shall submit to the Maryland Health Benefit Exchange:

(1) An application, on the form approved by the Maryland Health Benefit Exchange in consultation with the Commissioner and the Maryland Department of Health;

(2) An attestation that the applicant will notify the Maryland Health Benefit Exchange of any changes to information that the applicant provides or to which the applicant attests on the application form within 30 days of such change;

(3) An attestation that the applicant will not impose a fee on individuals to whom the applicant provides services;

(4) An attestation that the applicant will disclose to the Maryland Health Benefit Exchange, the application counselor sponsoring entity, and individuals to whom the applicant provides services any relationships the applicant has with a carrier, an insurance producer, a third-party administrator, or a managed care organization that participates in the Maryland Medical Assistance Program/Maryland Children’s Health Program, as well as other potential conflicts of interest;

(5) An attestation that the applicant will act in the best interest of the individuals for whom the applicant is authorized to provide services;

(6) An attestation that the applicant will not receive compensation from a carrier, insurance producer, managed care organization or third-party administrator for application counselor services;

(7) An attestation that the applicant will not receive compensation from the Maryland Health Benefit Exchange;

(8) An attestation that the applicant will accept compensation for application counselor-related duties only from its application counselor sponsoring entity, as approved by the Maryland Health Benefit Exchange in consultation with the Commissioner and the Maryland Department of Health;

(9) An attestation that the applicant will not provide monetary or other financial incentives to individuals to apply for health insurance coverage through Maryland Health Connection;

(10) An attestation that the applicant will comply with the oversight plan adopted by its application counselor sponsoring entity approved by the Maryland Health Benefit Exchange, in consultation with the Commissioner and the Maryland Department of Health;

(11) An attestation that the applicant will comply with all State requirements, restrictions, and conflict of interest rules applicable to Individual Exchange navigators;

(12) An attestation that the applicant will comply with the required agreement set forth under Regulation .03A(5) of this chapter;

(13) An attestation that the applicant will comply with all applicable federal and State privacy and security standards;

(14) An attestation that the applicant will operate within the applicant’s scope of authority and ensure that he or she complies with the requirements set forth under Regulation .04 of this chapter;

(15) An attestation that the applicant will comply with any applicable requirements of the Maryland Department of Health and the Commissioner;

(16) An application fee if permitted by law and in the manner specified by the Maryland Health Benefit Exchange; and

(17) Evidence that the applicant has successfully completed the Maryland Health Benefit Exchange application counselor certification training program specified under COMAR 14.35.02.04A and passed the examination specified under COMAR 14.35.02.04D.

B. The Exchange may not consider an application to be complete until it has received all required materials.

C. If the application is not completed with all required materials within 45 days after the Maryland Health Benefit Exchange receives the signed application form, the Maryland Health Benefit Exchange will reject the application.