610.60(3)(a)2.
2. Before the party gave consent, the insurer provided the party with a statement of the hardware and software requirements for access to and retention of notices and documents delivered by electronic means.
610.60(3)(a)3.
3. The party consented electronically, or confirmed consent electronically, in a manner that reasonably demonstrates that the party is able to access information in the electronic form that the insurer will use for delivery of notices and documents by electronic means.
610.60(3)(a)4.
4. Before the party gave consent, the insurer provided the party with a clear and conspicuous statement informing the party of all of the following:
610.60(3)(a)4.a.
a. The right or option of the party to have notices and documents provided or made available in paper or another nonelectronic form instead.
610.60(3)(a)4.b.
b. The right of the party to withdraw consent to have notices and documents delivered by electronic means and any fees, conditions, or consequences that are imposed if consent is withdrawn.
610.60(3)(a)4.c.
c. That the party's consent applies to any notices or documents that may be delivered by electronic means during the course of the relationship between the party and the insurer.
610.60(3)(a)4.d.
d. After consent for delivery by electronic means is given, the means, if any, by which a party may obtain a paper copy of a notice or document that has been delivered by electronic means and the fee, if any, for the paper copy.
610.60(3)(a)4.e.
e. The procedure a party must follow to withdraw consent to have notices and documents delivered by electronic means and to update information needed to contact the party electronically.
610.60(3)(b)
(b) If the conditions under par.
(a) or sub.
(5) (b) are satisfied, the insurer may elect to deliver all notices and documents by electronic means or only those notices and documents selected by the insurer.
610.60(3)(c)
(c) Even if the conditions under par.
(a) or sub.
(5) (b) are satisfied, the insurer may deliver any notice or document by 1st class mail; 1st class mail, postage prepaid; certified mail; or registered mail.
610.60(4)
(4)
Miscellaneous related provisions. 610.60(4)(a)
(a) This section does not affect any requirement related to the content or timing of a notice or document required under applicable law.
610.60(4)(b)
(b) The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because the contract or policy was delivered by electronic means if the insurer has obtained the electronic consent or confirmation of consent of the party in accordance with sub.
(3) (a) 3. or has complied with sub.
(5) (b).
610.60(4)(c)1.1. A withdrawal of consent by a party becomes effective 30 days after the insurer receives the withdrawal.
610.60(4)(c)2.
2. A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent becomes effective.
610.60(4)(d)
(d) If an oral communication or a recording of an oral communication between a party and an insurer or an insurer's agent can be reliably stored and reproduced by the insurer, the oral communication or recording may qualify as a notice or document delivered by electronic means for purposes of this section. This paragraph does not apply to notices or documents that are required by applicable law to be in writing.
610.60(4)(e)
(e) If a provision of, or rule promulgated under, chs.
600 to
655 requires a signature or a notice or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.
610.60(4)(f)
(f) Except as provided in par.
(d), this section does not and may not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act,
15 USC 7001 et seq., as amended.
610.60(4)(g)
(g) If an insurer attempts to deliver a notice or document by electronic means to the most recent electronic mail address for the insured in the insurer's files and the insurer receives a notice that the delivery by electronic means has failed, the insurer shall deliver the notice or document by 1st class mail or by any other delivery method required for the notice or document by a provision of, or rule promulgated under, chs.
600 to
655.
610.60(5)
(5)
Effect on earlier electronic delivery. 610.60(5)(a)
(a) This section does not apply to a notice or document delivered by an insurer by electronic means before December 14, 2013, to a party who, before that date, consented to receive a notice or document by electronic means otherwise allowed by applicable law.
610.60(5)(b)
(b) If the consent of a party to receive certain notices or documents by electronic means is on file with an insurer before December 14, 2013, and, in accordance with this section, the insurer intends to deliver notices and documents to the party by electronic means, before delivering any additional notices or documents by electronic means, the insurer shall notify the party of all of the following:
610.60(5)(b)1.
1. The notices or documents that may be delivered by electronic means under this section that were not previously delivered by electronic means.
610.60(5)(b)2.
2. The party's right to withdraw consent to have any notices or documents delivered by electronic means.
610.60(6)
(6)
Posting of policies and endorsements on Internet. Notwithstanding subs.
(1) to
(5), in lieu of delivery to a policyholder, insured, or applicant for insurance by any other method, an insurer may post on the insurer's Internet site any standard policy, and any endorsements to such a policy, that do not contain personally identifiable information. An insurer that elects to post such a policy and any endorsements to the policy on its Internet site shall comply with all of the following requirements:
610.60(6)(a)
(a) The policy and any endorsements must be accessible on the insurer's Internet site for as long as the policy is in effect.
610.60(6)(b)
(b) After the policy terminates, the insurer must retain copies of the policy and any endorsements to the policy as provided in any provision of, or rule promulgated under, chs.
600 to
655, but must make the policy and any endorsements to the policy available upon the request of an insured for at least 3 years.
610.60(6)(c)
(c) The policy and any endorsements must be posted in such a manner that the insured is able to print and save the policy and endorsements by using programs or applications that are widely available on the Internet and free to use.
610.60(6)(d)
(d) The insurer must provide all of the following information in, or simultaneously with, each declarations page that is provided when the policy is initially issued and when it is renewed:
610.60(6)(d)1.
1. A description of the exact policy and endorsement forms purchased by the insured.
610.60(6)(d)2.
2. The method by which the insured may obtain, upon request and without charge, a paper copy of the policy and any endorsements to the policy, which paper copy must be sent to the insured by mail if the insured so requests.
610.60(6)(d)3.
3. The address of the Internet site where the policy and any endorsements to the policy are posted.
610.60(6)(e)
(e) If the insurer makes any changes to the policy or an endorsement form, the insurer must provide notice to the insured of all of the following:
610.60(6)(e)2.
2. The insured's right to obtain and the method for obtaining, upon request and without charge, a paper copy of the policy or endorsement form, which paper copy must be sent to the insured by mail if the insured so requests.
610.60(6)(e)3.
3. The address of the Internet site where the policy or endorsement form is posted.
610.60(7)
(7)
Optional methods. Nothing in this section requires an insurer to deliver a notice or document by electronic means or to post policies and endorsements on an Internet site.
610.60 History
History: 2013 a. 73;
2019 a. 125.
610.61
610.61
Duty of life insurers to report abandoned property. An insurer doing a life insurance business shall report under subch.
IV of ch. 177 any property presumed abandoned under subch.
II of ch. 177.
610.65
610.65
Uniform claim processing form. Beginning no later than July 1, 2004, every insurer shall use the uniform claim processing form developed by the commissioner under s.
601.41 (9) (b) when processing a claim submitted by a health care provider, as defined in s.
146.81 (1) (a) to
(p).
610.65 History
History: 2001 a. 109;
2009 a. 28.
610.70
610.70
Disclosure of personal medical information. 610.70(1)(a)
(a) “Health care provider" means any person licensed, registered, permitted or certified by the department of health services or the department of safety and professional services to provide health care services, items or supplies in this state.
610.70(1)(b)
(b) “Individual" means a natural person who is a resident of this state. For purposes of this paragraph, a person is a state resident if his or her last-known mailing address, according to the records of an insurer or insurance support organization, was in this state.
610.70(1)(c)1.1. “Insurance support organization" means any person that regularly engages in assembling or collecting personal medical information about natural persons for the primary purpose of providing the personal medical information to insurers for insurance transactions, including the collection of personal medical information from insurers and other insurance support organizations for the purpose of detecting or preventing fraud, material misrepresentation or material nondisclosure in connection with insurance underwriting or insurance claim activity.
610.70(1)(c)2.
2. Notwithstanding subd.
1., “insurance support organization" does not include insurance agents, government institutions, insurers or health care providers.
610.70(1)(d)
(d) “Insurance transaction" means any of the following involving insurance that is primarily for personal, family or household needs:
610.70(1)(d)1.
1. The determination of an individual's eligibility for an insurance coverage, benefit or payment.
610.70(1)(d)2.
2. The servicing of an insurance application, policy, contract or certificate.
610.70(1)(e)
(e) “Medical care institution" means a facility, as defined in s.
647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health services under s.
49.70,
49.71,
49.72,
50.02,
50.03,
50.032,
50.033,
50.034,
50.35,
50.52,
50.90,
51.04,
51.08, or
51.09 or a facility under s.
45.50,
51.05,
51.06, or
252.10 or under ch.
233, or licensed or certified by a county department under s.
50.032 or
50.033.
610.70(1)(f)1.1. “Personal medical information" means information concerning an individual that satisfies all of the following:
610.70(1)(f)1.a.
a. Relates to the individual's physical or mental health, medical history or medical treatment.
610.70(1)(f)1.b.
b. Is obtained from a health care provider, a medical care institution, the individual or the individual's spouse, parent or legal guardian.
610.70(1)(f)2.
2. “Personal medical information" does not include information that is obtained from the public records of a governmental authority and that is maintained by an insurer or its representatives for the purpose of insuring title to real property located in this state.
610.70(2)(a)(a) Any form that is used in connection with an insurance transaction and that authorizes the disclosure of personal medical information about an individual to an insurer shall comply with all of the following:
610.70(2)(a)1.
1. All instructions and other information contained in the form are presented in plain language.
610.70(2)(a)3.
3. The form specifies the types of persons that are authorized to disclose information about the individual.
610.70(2)(a)4.
4. The form specifies the nature of the information that is authorized to be disclosed.
610.70(2)(a)5.
5. The form names the insurer, and identifies by generic reference representatives of the insurer, to whom the information is authorized to be disclosed.
610.70(2)(a)6.
6. The form specifies the purposes for which the information is being obtained.
610.70(2)(a)7.
7. Subject to par.
(b), the form specifies the length of time for which the authorization remains valid.
610.70(2)(a)8.
8. The form advises that the individual, or an authorized representative of the individual, is entitled to receive a copy of the completed authorization form.
610.70(2)(b)1.1. For an authorization under this subsection that will be used for the purpose of obtaining information in connection with an insurance policy application, an insurance policy reinstatement or a request for a change in policy benefits, the length of time specified in par.
(a) 7. may not exceed 30 months from the date on which the authorization is signed.
610.70(2)(b)2.
2. For an authorization under this subsection that will be used for the purpose of obtaining information in connection with a claim for benefits under an insurance policy, the length of time specified in par.
(a) 7. may not exceed the policy term or the pendency of a claim for benefits under the policy, whichever is longer.
610.70(3)
(3)
Access to recorded personal medical information. 610.70(3)(a)(a) If, after proper identification, an individual or an authorized representative of an individual submits a written request to an insurer for access to recorded personal medical information that concerns the individual and that is in the insurer's possession, within 30 business days after receiving the request the insurer shall do all of the following:
610.70(3)(a)1.
1. Inform the individual or authorized representative of the nature and substance of the recorded personal medical information in writing, by telephone or by any other means of communication at the discretion of the insurer.
610.70(3)(a)2.
2. At the option of the individual or authorized representative, permit the individual or authorized representative to inspect and copy the recorded personal medical information, in person and during the insurer's normal business hours, or provide by mail to the individual or authorized representative a copy of the recorded personal medical information. If the recorded personal medical information is in coded form, the insurer shall provide to the individual or authorized representative an accurate written translation in plain language.
610.70(3)(a)3.
3. Disclose to the individual or authorized representative the identities, if recorded, of any persons to whom the insurer has disclosed the recorded personal medical information within 2 years prior to the request. If the identities are not recorded, the insurer shall disclose to the individual or authorized representative the names of any insurance agents, insurance support organizations or other entities to whom such information is normally disclosed.
610.70(3)(a)4.
4. Provide to the individual or authorized representative a summary of the procedures by which the individual or authorized representative may request the correction, amendment or deletion of any recorded personal medical information in the possession of the insurer.
610.70(3)(b)
(b) Notwithstanding par.
(a), an insurer may, in the insurer's discretion, provide a copy of any recorded personal medical information requested by an individual or authorized representative under par.
(a) to a health care provider who is designated by the individual or authorized representative and who is licensed, registered, permitted or certified to provide health care services with respect to the condition to which the information relates. If the insurer chooses to provide the information to the designated health care provider under this paragraph, the insurer shall notify the individual or authorized representative, at the time of disclosure, that the information has been provided to the health care provider.
610.70(3)(c)
(c) An insurer is required to comply with par.
(a) or
(b) only if the individual or authorized representative provides a reasonable description of the information that is the subject of the request and if the information is reasonably easy to locate and retrieve by the insurer.
610.70(3)(d)
(d) If an insurer receives personal medical information from a health care provider or a medical care institution with instructions restricting disclosure of the information under s.
51.30 (4) (d) 1. to the individual to whom the information relates, the insurer may not disclose the personal medical information to the individual under this subsection, but shall disclose to the individual the identity of the health care provider or a medical care institution that provided the information.
610.70(3)(e)
(e) Any copy of recorded personal medical information provided under par.
(a) or
(b) shall include the identity of the source of the information if the source is a health care provider or a medical care institution.
610.70(3)(f)
(f) An insurer may charge the individual a reasonable fee to cover the costs incurred in providing a copy of recorded personal medical information under par.
(a) or
(b).
610.70(3)(g)
(g) The requirements for an insurer under this subsection may be satisfied by another insurer, an insurance agent, an insurance support organization or any other entity authorized by the insurer to act on its behalf.
610.70(3)(h)
(h) The requirements under this subsection do not apply to information concerning an individual that relates to, and that is collected in connection with or in reasonable anticipation of, a claim or civil or criminal proceeding involving the individual.
610.70(4)
(4)
Correction, amendment or deletion of recorded personal medical information. 610.70(4)(a)
(a) Within 30 business days after receiving a written request from an individual to correct, amend or delete any recorded personal medical information that is in the insurer's possession, an insurer shall do either of the following:
