States cannot require health insurance exchange "navigators" to be licensed as insurance producers, but states certainly can license the navigators.
Officials at the Centers for Medicare & Medicaid Services (CMS) -- the arm of the U.S. Department of Health and Human Services (HHS) that's in charge of HHS efforts to implement much of the Patient Protection and Affordable Care Act of 2010 (PPACA) -- talk about navigator licensing in a list of answers to frequently asked questions (FAQs) about the PPACA exchange program.
Some states, such as New Jersey, have refused to set up exchanges. Officials in those states have argued that HHS regulations are giving states too little flexibility for the states to run their exchanges how they see fit.
Sebelius said in her blog entry that HHS is trying to be flexible.