(a) "All-payer claims database" or "APCD" means the program authorized by this article that collects, retains, uses, and discloses information concerning the claims and administrative expenses of health care payers.
(b) "Commissioner" means the West Virginia Insurance Commissioner.
(c) "Data" means the data elements from enrollment and eligibility files, specified types of claims, and reference files for data elements not maintained in formats consistent with national coding standards.
(d) "Health care payer" means any entity that pays or administers the payment of health insurance claims or medical claims under workers compensation insurance to providers in this state, including workers compensation insurers; accident and sickness insurers; nonprofit hospital service corporations, medical service corporations, and dental service organizations; nonprofit health service corporations; prepaid limited health service organizations; health maintenance organizations; and government payers, including, but not limited to, Medicaid, Medicare, and the Public Employees Insurance Agency; the term also includes any third-party administrator, including any pharmacy benefits manager, that administers a fully funded plan:
A "health insurance claim" does not include:
(1) Any claim paid under an individual or group policy providing coverage only for accident or disability income insurance or any combination thereof; coverage issued as a supplement to liability insurance; liability insurance, including general liability insurance and automobile liability; credit-only insurance; coverage for on-site medical clinics; other similar insurance coverage, which may be specified by rule, under which benefits for medical care are secondary or incidental to other insurance benefits; or
(2) Any of the following if provided under a separate policy, certificate, or contract of insurance: Limited scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof; coverage for only a specified disease or illness; or hospital indemnity or other fixed indemnity insurance.
"Health insurance claims" shall only include information from Medicare supplemental policies if the same information is obtained with respect to Medicare.
(e) "Personal identifiers" means information relating to an individual member or insured that identifies, or can be used to identify, locate, or contact a particular individual member or insured, including, but not limited to, the individuals name, street address, Social Security number, e-mail address, and telephone number.
(f) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources.
(g) "Third-party administrator" has the same meaning ascribed to it in 33-46-2 of this code.
Structure West Virginia Code