Section 120.06. Selection of a contractor.

 

(1)   Definitions. In this section:

(a) "Contractor" means a person under contract to the department to collect, process, analyze or store data for any of the purposes of this chapter.

(b) "Major purchaser, payer or provider of health care services" means any of the following:

1. A person, a trust, a multiple employer trust, a multiple employer welfare association, an employee benefit plan administrator or a labor organization that purchases health benefits, which provides health care benefits or services for more than 500 of its full-time equivalent employees, or members in the case of a labor organization, either through an insurer or by means of a self-funded program of benefits.

2. An insurer that writes accident and health insurance and is among the 20 leading insurers for either group or individual accident and health insurance, as specified in the market shares table of the most recent annual Wisconsin insurance report of the state commissioner of insurance. "Major purchaser, payer or provider of health care services" does not include an insurer that writes only disability income insurance.

3. A trust, a multiple employer trust, a multiple employer welfare association or an employee benefit plan administrator, including an insurer, that administers health benefits for more than 29,000 individuals.

4. A person that provides health care services and has 100 or more full-time equivalent employees.

(2)   Eligible contractors. If the department designates a contractor for the provision of data processing services for this chapter, including the collection, analysis and dissemination of health care information, the contractor may not be one of the following types of public or private organizations:

(a) A major purchaser, payer or provider of health care services in this state.

(b) A subcontractor of an organization in par. (a) .

(c) A subsidiary or affiliate of an organization in par. (a) in which a controlling interest is held and may be exercised by that organization either independently or in concert with any other organization in par. (a) .

(d) An association of any of the entities in pars. (a) to (c) .

(3)   Confidentiality. The department may grant the contractor authority to examine confidential materials and perform other specified functions. The contractor shall comply with all confidentiality requirements established under this chapter. The release of confidential information by the contractor without the department's written consent shall constitute grounds for the department to terminate the contract and subjects the contractor to all pertinent penalties and liabilities described in this chapter.

History: Cr. Register, December, 2000, No. 540 , eff. 1-1-01.