Section 74.01. Definitions.

  In this chapter:

(1)  "Actual process of collection" means regularly receiving payments at periodic intervals, or debtor contacted within last 30 days and promise of payment received, or an account referred for legal actions where the collection agency has advanced legal costs. A collection agency and its client may by written contract agree to a different actual process of collection. This subsection first applies to contractual relationships entered into between a collection agency and its client after March 1, 1993.

(2)  "Active office" in s. 218.04 (4) , Stats., includes meeting at least all of the following minimum conditions:

(a) Shared office space which is open and staffed the minimum hours required by s. DFI-Bkg 74.02 (2) .

(b) Staff person available for service of process.

(c) Sufficient space to conduct examination of additional records to be produced to evidence compliance with all laws, rules and regulations.

(d) The collection agency license displayed at the active office.

(3)  "Division" means the division of banking.

(4)  "Health care billing companies" in s. 218.04 (1) (a) , Stats., means a person under contract with a health care provider to collect or attempt to collect an account, which is not in default when forwarded from the health care provider, using only the health care provider's name, and directing all payments to the health care provider or depositing all monies received directly into the health care provider's account at a financial institution.

(5)  "Health care provider" means any of the following:

(a) An ambulatory surgery center as defined in 42 CFR 416.2 .

(b) A health care provider as defined in s. 146.81 (1) , Stats.

(c) An outpatient diagnostic facility as defined in 21 CFR 803.3 .

(d) A person designated as a health care provider in writing by the division.

(6)  "Merger" means the business combination of 2 or more collection agencies under s. 180.1101 or 183.1201 , Stats.