The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Commissioner.” The Insurance Commissioner of the Commonwealth.

“Department.” The Insurance Department of the Commonwealth.

“Exchange.” A health insurance exchange established or operating in this Commonwealth, including an exchange established or operated by the United States Department of Health and Human Services, under the Federal health care act.

“Exchange assister.” An individual or organization, including a navigator, navigator organization or certified application counselor, who provides public education or assists consumers for or on behalf of an exchange. This term does not include a licensed insurance producer. This term does not include an individual employed to provide insurance enrollment or coverage assistance by a health care facility as defined in section 103 of the act of July 19, 1979 (P.L. 130, No. 48),¹ known as the Health Care Facilities Act.

“Federal health care act.” The Patient Protection and Affordable Care Act (Public Law 111-148, 124 Stat. 119), as amended by the Health Care Education Reconciliation Act of 2010 (Public Law 111-152, 124 Stat. 1029),² and regulations or guidance issued under those acts.

“Insurance producer.” Insurance producer has the meaning given it in section 601-A of the act of May 17, 1921 (P.L. 789, No. 285),³ known as The Insurance Department Act of 1921.

“Navigator.” An organization or individual under the Federal health care act that provides public education or consumer assistance activities for or on behalf of an exchange to uninsured individuals and groups seeking health insurance coverage. The term shall include an individual performing navigator duties for an organization, association or business entity if the organization, association or business entity is serving as a navigator.

“Negotiate.” The term has the same meaning given it in section 601-A of the act of May 17, 1921 (P.L. 789, No. 285), known as The Insurance Department Act of 1921.

“Registration.” A registration certificate issued by the department under section 3(c).⁴

“Sell.” The term has the same meaning given it in section 601-A of the act of May 17, 1921 (P.L. 789, No. 285), known as The Insurance Department Act of 1921.

“SHOP Exchange.” The term has the same meaning given it in the Federal health care act.

“Solicit.” The term has the same meaning given it in section 601-A of the act of May 17, 1921 (P.L. 789, No. 285), known as The Insurance Department Act of 1921.