,,ii #aacth ,,congress #ast ,session ,s4 #afff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #g1 #bjac,mr4 ,rubio 7for himself1 ,mr4 ,boozman1 ,mr4 ,cochran1 ,mr4 ,inhofe1 ,mr4 ,mc,connell1 ,mr4 ,roberts1 and ,mr4 ,flake7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,patient ,protection and ,affordable ,care ,act to improve the patient navigator program4 #a4 ,short title ,this ,act may be cited as the ,healthcare ,privacy and ,anti-,fraud ,act4 #b4 ,training1 background checks1 and nondisclosure for patient navigators 7a7 ,in general ,section #acaa7;i7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;i77 is amended by adding at the end the following3 7#g7 ,security and nondisclosure 7,a7 ,guidance by secretary ,not later than #ij days after the date of enactment of this paragraph1 the ,secretary shall issue guidance on the implementation of this paragraph in order to protect the privacy of individually identifiable information submitted to1 or accessed by1 navigators under this subsection4 7,b7 ,background checks 7i7 ,in general ,an entity that receives a grant under this subsection shall ensure that universal background checks are conducted on all employees of the entity prior to such employees providing navigator services to individuals1 or prior to such employees having access to individually identifiable information as a result of providing such services4 ,such background checks shall1 at minimum1 include a criminal background check1 fingerprinting1 and credit report4 7ii7 ,limitation ,an individual who has been found guilty of a felony1 or guilty of a misdemeanor involving deceit or dishonestly 7including identity theft1 fraud1 or perjury71 under ,federal or ,state law shall not be employed by an entity described in clause 7i74 7,c7 ,oath 7i7 ,in general ,prior to commencing employment with an entity that receives a grant under this subsection1 an individual described in clause 7ii7 shall have sworn or taken an oath that he or she will not disclose any individually identifiable information obtained in the course of their employment 7except information relevant to the commission of a felony when provided to an appropriate law enforcement authority74 7ii7 ,individual described ,an individual is described in this clause if such individual is being employed by an entity described in clause 7i7 as a navigator1 a non-navigator assistant1 or as an employee with access to individually identifiable information4 7,d7 ,educational1 training1 and licensure requirements ,prior to conducting navigation services for an entity under this subsection1 an individual shall meet educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the ,state in which they seek to provide navigation services1 including the completion of at least #cj hours of training 7including training on privacy rights under this ,act and other relevant ,federal laws74 7,e7 ,liability ,not later than #ij days after the date of the enactment of this paragraph1 the ,secretary-- 7i7 shall issue guidance concerning how liability and penalties will be applied by the ,secretary in instances of failure to comply with requirements of this paragraph1 including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of individually identifiable information2 7ii7 shall determine whether such liability lies with the navigator or non-navigator assistance personnel involved or whether liability lies with the entity that received the grant under this subsection2 and 7iii7 shall determine whether the individuals or entities identified under clause 7ii7 are required to obtain professional liability coverage4 7,f7 ,penalties 7i7 ,in general ,whoever having sworn or taken the oath described under subparagraph 7,c71 publishes or communicates any individually identifiable information which comes into his or her possession by reason of his or her being employed 7or otherwise providing services7 under this subsection1 shall be fined not more than #e1jjj or imprisoned not more than #e years1 or both4 7ii7 ,misrepresentation ,any person who knowingly and falsely represents that such person is1 or holds himself or herself out as1 a navigator under this subsection shall be fined not more than #e1jjj or imprisoned not more than #e years1 or both4 7iii7 ,enhanced penalty for sale or transfer ,a person who commits the offense described under clause 7i7 with the intent to sell1 transfer1 or use individually identifiable information for commercial advantage1 personal gain1 or malicious harm shall be fined not more than #bej1jjj1 imprisoned for not more than #aj years1 or both4 7,g7 ,greater protections ,nothing in subparagraphs 7,a71 7,b71 7,c7 or 7,d7 shall be construed to prohibit ,states from imposing additional standards and protections to protect consumer information4 7#h7 ,list of navigators ,not later than #ij days after the date of enactment of this paragraph1 and annually thereafter1 the ,secretary shall make available a list of entities providing navigator services in accordance with this subsection and a list of entities that have been determined to be ineligible to provide such services or who have been convicted of a violation under paragraph 7#g74 4 7b7 ,limitation on liability ,section #ejjj;,a7e7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7#f7 ,reliance on navigator advice ,any applicable individual who for any month failed to obtain minimum essential coverage as a result of the good faith reliance on the advice of a patient navigator1 counselor1 or other employee of an entity receiving a grant under section #acaa7;i7 of the ,patient ,protection and ,affordable ,care ,act 7or a person purporting to be such a navigator1 counselor1 or other employee74 4 7c7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to grants made before1 on1 or after the date of the enactment of this ,act4 ,the ,secretary of ,health and ,human ,services shall provide for the prompt modification of such grants made before the date of the enactment of this ,act in order to comply with the requirement imposed by such amendment4