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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1369 By: Haste of the Senate
and
McEntire of the House
COMMITTEE SUBSTITUTE
[ health information – Office of the State
Coordinator for Health Information Exchange -
health information exchange legislative intent –
definitions - Oklahoma Health Care Transparency
Initiative – submission of claims data – disclosure
of data – penalty schedule – Oklahoma Open Records
Act - codification - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1-132.1 of Title 63, unless
there is created a duplication in numbering, reads as f ollows:
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A. There is hereby created the Office of the State Coo rdinator
for Health Information Exchange within the Oklahoma Health Care
Authority.
B. The Office shall have the power and duty to:
1. Serve as the state designated entity for health information
exchange, if the State of Oklahoma serves as the state -designated
entity for health information exchange under Section 1-133 of Title
63 of the Oklahoma Statutes, or
2. Oversee the state-designated entity for health information
exchange, if the State of Oklahoma designates a state-designated
entity for health in formation exchange under Section 1-133 of Title
63 of the Oklahoma Statutes .
C. The Office shall consist of the State Coordinator for Health
Information Exchange, who shall be appointed by and serve at the
pleasure of the Administrator of the Aut hority, and such other
employees of the Authority as the Administrator may assign to the
Office.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-133, is
amended to read as follows:
Section 1-133. A. As used in this section:
1. "Health care entity" means:
a. a health plan that, either as an individual or group,
provides for, or pays the cost of, medical car e,
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b. a health care provider that offers or renders medica l
or health services, or
c. any further individual or association defined as a
covered entity under 45 C.F.R., Section 160.103; and
2. "Health information exchan ge" means the electronic movement
of health-related information among organizations according to
nationally recognized standards for purpos es including, but not
limited to, payment, treatment, and administration;
2. "Health information exchange organization" means an entity
whose primary business activity is health information exchange; and
3. "Oklahoma State Health Information Network and Exchange" or
"OKSHINE" means a health information exchange organization charged
with facilitating the exchange of hea lth information to and from
authorized individuals and health care organizations in this state
and.
B. The State of Oklahoma shall serve as or shall designate the
state-designated entity for health information exchange.
B. The Oklahoma Health Care Authority (OHCA) shall establish a
health information exchange certification with input from
stakeholders. Such certification shall be required in order for a
health information exchange organization to qualify as an Oklahoma
Statewide Health Information Exchange (OKHIE). Until such time as
the health information exchange certification is established by
OHCA, an OKHIE shall mean either OKSHINE or a health information
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exchange organization that was previously certified by the Oklahoma
Health Information Exchange Trust.
C. The Oklahoma State Health Information Network and Exchange
(OKSHINE) shall be organized for the purpose of improving the health
of residents of this state by:
1. Promoting efficient and effective communication among
multiple health care providers including, but not limit ed to,
hospitals, physicians, payers, employers, pharmacies, laboratories,
and other health care entities or health information exchange
networks and organizations;
2. Creating efficiencies in health care costs by eliminating
redundancy in data capture an d storage and reducing administrative,
billing, and data collection costs;
3. Creating the ability to monitor community health status; and
4. Providing reliable information to health care consumers and
purchasers regarding the quality of health care.
C. Beginning July 1, 2023, all health care entities licensed by
and located in this state shall report data to and utilize the
state-designated entity. The Office of the State Coordinator for
Health Information Exchange may, as provided by rules promulgated by
the Oklahoma Health Care Authority Board, allow exemptions from the
requirement provided by this subsection on the basis of financial
hardship, size, or technological capability of a health care entity
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or such other bases as may be provided by rules promulgated by the
Board.
D. 1. A person who participates in the services or infor mation
provided by OKSHINE or an OKHIE the state-designated entity shall
not be liable in any action for damages or costs of any nature that
result solely from the person's use or failure to use either an
OKHIE or OKSHINE information or data from the state-designated
entity that was entered or retrieved under relevant state or federal
privacy laws, rules, regulations, or policies including , but not
limited to, the Health Insurance Portability and Accountability Act
of 1996.
2. A person shall not be subject to antitrust or unfair
competition liability based on participation in OKSHINE or an OKHIE
with the state-designated entity as long as the partic ipation
provides an essentia l governmental function for the public health
and safety and enjoys state action immunity.
3. Participating in an OKH IE shall qualify as meeting any
requirement to send data to OKSHINE.
E. 1. A person who provides information and data to OKSHINE
the state-designated entity retains a property right in the
information or data, but grants to the other participants or
subscribers a nonexclusive license to retrieve and use that
information or data under relevant state or federal privacy laws,
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rules, regulations, or policies including, but not limited to, the
Health Insurance Portability and Accountability Act of 1996.
2. All processes or software developed, designed, or purchased
by OKSHINE shall remain the property of OKSHINE subject to use by
participants or subscribers.
F. Patient-specific protected health information shall only be
disclosed in accordance with the patient's authorization or in
compliance with relevant state or federal privacy laws, rules,
regulations, or policies including, but not limited to, the Health
Insurance Portability and Accountability Act of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
SECTION 3. This act shall be come effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 04/13/2022 -
DO PASS, As Amended.