ENGR. H. A. to ENGR. S. B. NO. 1369 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED HOUSE AMENDME NT TO ENGROSSED SENATE BILL NO . 1369 By: Haste of the Senate and McEntire of the House [ health information – Oklahoma Healthcare Transparency Initiative Act of 2022 - Office of the State Coordinator for Health Informati on Exchange - health information exchange legislative intent – definitions - Oklahoma Healthcare Transparency Initiative – submission of claims data – disclosure of data – penalty schedule – Oklahoma Open Records Act - codification - effective date – emergency ] AMENDMENT NO. 1. Strike the stricken title, enacting clause, and entire bill and insert: "An Act relating to health insurance; creating the State Coordinator for Health Information Exchange; providing for powers and duties; providing for appointment of State Coordinator; providing for service at pleasure of appointing authority; amending 63 O.S. 2021, Section 1 -133, which relates to definitions; modifying definitions; providing for health information exc hange; providing for transition plan; providing for designation as certain entity; modifying provisions related to health information exchange; requiring data reporting; authorizing exemptions; modifying provisions related to certain civil liabilities; modifying provisions related to certain pr operty rights; modifying provisions related to software and processes; modifying provisions related to patient authorization; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENGR. H. A. to ENGR. S. B. NO. 1369 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 follows: A. There is hereby crea ted the Office of the State Coordinator for Health Information Exchange within the Oklahoma Health Care Authority. B. The Office shall have the power and duty to oversee the state-designated entity for health information exchange, as described 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 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; and 2. "Health information exchange organization" means an entity whose primary business activity is health information exchange; and which is governed by its stakeholders. ENGR. H. A. to ENGR. S. B. NO. 1369 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. "Oklahoma State Health I nformation Network and Exchange" or "OKSHINE" means a health information exchange organization charged with facilitating the exchange of health information to and from authorized individuals and health care organizations in this state and shall serve B. The State of Oklahoma: 1. Shall designate a health information exchange organization as the state-designated entity for health information exchange; 2. Shall establish a transition plan to ensure continued operation of the health informati on exchange; and 3. May temporarily serve as t he state-designated entity as part of the transition plan described in paragraph 2 of this subsection. B. The Oklahoma Health Care Authority (OHCA) shall establish a health information exchan ge certification with i nput from stakeholders. Such certific ation 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 exchange organization that was previously certified by the Oklahoma Health Information Exchange Trust. C. The Oklahoma State Health Information Netw ork and Exchange (OKSHINE) shall be organized for the purpose of improving the health of residents of this state by: ENGR. H. A. to ENGR. S. B. NO. 1369 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 adm inistrative, 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, a ll health care providers as defined by the rules promulgated by the O klahoma Health Care Authority Board and who are licensed by and located in t his state shall report data to and utilize the state-designated entity. The Office of the State Coordinator for Health Information Excha nge may, as provided by rules promulgated by the Board, allow exemptions from the requirement provided by this subsection on the basis of financial hardship, size, or technological capability of a health care provider or such other bases as may be provided by rules promulgated by the Board. D. 1. A person who participates in the services or informati on 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 ENGR. H. A. to ENGR. S. B. NO. 1369 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 participation provides an essential governmental function fo r the public health and safety and enjoys state action immunity. 3. Participating in an OKHIE shall qualify as meeting any requirement to send data to OKSHINE. E. 1. A person who provides informat ion 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, 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. ENGR. H. A. to ENGR. S. B. NO. 1369 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 become 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." Passed the House of Representatives the 28th day of April, 2022. Presiding Officer of t he House of Representatives Passed the Senate the ____ day of _______ ___, 2022. Presiding Officer of the Senate ENGR. S. B. NO. 1369 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ENGROSSED SENATE BILL NO. 1369 By: Haste of the Senate and McEntire of the House [ health information – Oklahoma Healthcare Transparency Initiative Act of 2022 - Office of the State Coordinator for Health Information Exchange - health information exchange legislative intent – definitions - Oklahoma Healthcare 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 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Secti on 1-134.1 of Title 63, unless there is created a duplication in numbering, reads as follows : Sections 4 through 10 of this act shall be known and may be cited as the "Oklahoma Healthcare Transparency Initiative Act of 2022". SECTION 6. NEW LAW A new section 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 follows: A. There is hereby created the Office of the State Coor dinator for Health Information Exchange within the Oklahoma Health Care Authority. ENGR. S. B. NO. 1369 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. The Office shall have the power and duty to: 1. a. Serve as the state designated entity for health information exchange, if the State of Oklahoma serves as the state designated entity for healt h information exchange under Section 1-133 of Title 63 of the Oklahoma Statutes, or b. Oversee the state designated entity for health information exchange, if the State of Oklahoma designates a state designated entity for health information exchange under Section 1-133 of Title 63 of the Oklahoma Statutes ; and 2. Implement and govern the Oklahom a Healthcare Transparency Initiative created under Sections 4 through 10 of this act. 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 7. 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 care, ENGR. S. B. NO. 1369 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. a health care provider that o ffers or renders medical 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 exchange " means the electronic movement of health-related information among o rganizations 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 act ivity is health informati on exchange; and 3. "Oklahoma State Health I nformation Network and Exchange" or "OKSHINE" means a health information exchange organization charged with facilitating the exchange of health 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 state designated entity for health information exchange. B. The Oklahoma Health Care Authority (OHCA) shall establish a health information exchan ge certification with input from stakeholders. Such certific ation shall be required in order for a health information exchange organization to qualify as an Oklahoma Statewide Health Information Exchange (OKHIE). Until such time a s the health information exchange certification is established by ENGR. S. B. NO. 1369 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 OHCA, an OKHIE shall mean either OKSHINE or a health information exchange organization that was previously certified by the Oklahoma Health Information Exchange Trust. C. The Oklahoma State Health Information Netw ork 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 limited 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 and storage and reducing adm inistrative, 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, a ll 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 ENGR. S. B. NO. 1369 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or such other bases as may be provided by rules promulgated by the Board. D. 1. A person who participates in the services or information 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 participation provides an essential governmental function fo r 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, ENGR. S. B. NO. 1369 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 releva nt 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 provision s of this section. SECTION 8. NEW LAW A new sectio n of law to be codif ied in the Oklahoma Statutes as Section 1-134.2 of Title 63, unless there is created a duplication in numbering, rea ds as follows: A. It is the intent of the Legislature to create and maintain an informative source of healthcare information to support consumers, researchers, and policymakers in healthcare decisions within this state. B. The purpose of the Oklahoma Healthcare Transparency Initiative Act is to: 1. Create the Oklahoma Healthcare Transparency Initiative; 2. Establish governance of the Oklahoma Healthcare Transparency Initiative; ENGR. S. B. NO. 1369 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Provide authority to collect healthcare information from insurance carriers and other entities; and 4. Establish appropriate methods for collecting, maintaining, and reporting healthcare information including privacy and security safeguards. SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-134.3 of Title 63, unless there is created a duplication in numbering, reads as follows: As used in the Oklahoma Healthcare Transparency Initiative Act of 2022: 1. "Board" means the Oklahoma Health Care Authority Board; 2. "Claims data" means information included in an institutional, professional, or pharmacy claim or equivalent information transaction for a covered individual including the amount paid to a provider of healthcare services plus any amount owed by the covered individual; 3. "Covered individual" means a natural person who is a resident of this state and is eligible to receive medical, dental, or pharmaceutical benefits under any policy, contract, certificate, evidence of coverage, rider, binder, or endorsement that provides for or describes coverage; 4. "Direct personal identifiers" means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, e-mail address, ENGR. S. B. NO. 1369 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 telephone number, or Social Security number. Direct personal identifiers shall not include geographic or demographic information that would not allow the identification of a covered individual; 5. "Enrollment data" means demographic information and other identifying information relating to covered individuals including direct personal identifiers; 6. "Office" means the Office of the State Coordinator for Health Information Exchange; 7. "Oklahoma Healthcare Transparency Initiative" means an initiative to create a database including ongoing all-payer claims database projects that receive and store data from a submitting entity relating to medical, dental, pharmaceutical, and other insurance claims information, unique identifiers, and geographic and demographic information for covered individuals as permitted in the Oklahoma Healthcare Transparency Initiative Act, and provider files, for the purposes of the Oklahoma Healthcare Transparency Initiative Act; 8. "Protected health information" means health information as protected by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; 9. "Provider" means an individual or entity licensed by the state to provide healthcare services; 10. a. "Submitting entity" means: ENGR. S. B. NO. 1369 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) an entity that provides health or dental insurance or a health or dental benefit plan in the state including but not limited to an insurance company, medical services plan, managed care organization, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least two thousand covered individuals in the previous calendar year, (2) a health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state including but not limited to benefits administered by a managed care organization, notwithstanding the number of covered individuals in the previous year, (3) a health benefit plan offered or administered by or on behalf of the federal government with the agreement of the federal government, (4) the Workers' Compensation Commission, (5) any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, a third-party administrator, or a pharmacy benefits manager; ENGR. S. B. NO. 1369 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided, that the entity has covered individuals and the entity had at least two thousand covered individuals in the previous calendar year, (6) a health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and that is fully insured, (7) a risk-based provider organization licensed by the Insurance Department, and (8) any entity that contracts with the Department of Corrections to provide medical, dental, or pharmaceutical care to inmates. b. A submitting entity shall not include: (1) an entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage, (2) an employee of a welfare benefit plan as defined by federal law that is also a trust established pursuant to collective bargaining subject to the Labor Management Relations Act of 1947, Pub. L. No. 80-101, or ENGR. S. B. NO. 1369 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) a health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, that is self-funded; and 11. "Unique identifier" means any identifier that is guaranteed to be unique among all identifiers for covered individuals but does not include direct personal identifiers. SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-134.4 of Title 63, unless there is created a duplication in numbering, rea ds as follows: A. There is hereby created the Oklahoma Healthcare Transparency Initiative, which shall be governed by the Office of the State Coordinator for Health Information Exchange. B. The Office shall be the administrator of the Oklahoma Healthcare Transparency Initiative and shall, in collaboration with the state designated entity for health information exchange, be responsible for development and implementation of a sustainability plan subject to data use and disclosure requirements of the Oklahoma Healthcare Transparency Initiative Act and any rules promulgated by the Oklahoma Health Care Authority Board under the Oklahoma Healthcare Transparency Initiative Act. C. The Office shall have the power and duty to: 1. Collect, validate, analyze, and pre sent health data including claims data; 2. Assess penalties for noncompliance with this section; ENGR. S. B. NO. 1369 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Establish policies and procedures necessary for the administration and oversight of the Oklahoma Healthcare Transparency Initiative including procedures for the collection, processing, storage, analysis, use, and release of data; 4. Identify and explore the key healthcare issues, questions, and problems that may be improv ed through more transparent information including but not limited to data required to be disclosed to patients related to provider relationships or affiliations with payers and providers, financial interests in healthcare businesses, and payments or items of any value given to providers from pharmaceutical or medical device manufacturers or agents thereof; and 5. Provide a biennial r eport to the Legislature on the operations of the Oklahoma Healthcare Transparency Initiative. SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-134.5 of Title 63, unless there is created a duplication in numbering, reads as follows: A. No later than July 1, 2023, and thereafter in a frequency specified in rules promulgated by the Oklahoma Health Car e Authority Board, a submitting entity s hall submit claims data, unique identifiers, and geographic and demographic information for covered individuals as permitted in the Oklahoma Healthcare Transparency Initiative Act, and provider files to the Oklahoma Healthcare ENGR. S. B. NO. 1369 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Transparency Initiative in ac cordance with standards and procedures promulgated by the Board. B. Data submitted under this section shall be treated as confidential and shall be exempt from disclosure as a record under the Oklahoma Open Records Act as defined pursuant to Section 24A.3 of Title 51 of the Oklahoma Statutes and are not subject to subpoena except to the extent provided in the Oklahoma Insurance Code. C. The collection, storage, and release of data and other information under this se ction is subject to applicable state and federal data privacy and security law. SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Sectio n 1-134.6 of Title 63, unless there is created a duplication in numbering, reads as follows: A. Data in the Oklahoma Healthcare Transparency Initiative shall, to the extent authorized by rules promulgated by the Oklahoma Health Care Authority Board, be available: 1. When disclosed in a form and manner that ensures the privacy and security of protected health information as required by state and federal laws, as a resource to insurers, employers, purchasers of health care, researchers, state agencies, and healthcare providers to allow for assessment of healthcare utilization, expenditures, and performance in this state including but not limited to as a resource for hospital community health needs assessments; and ENGR. S. B. NO. 1369 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. To state programs regarding healthcare quality and costs for use in improving health care in the state, subject to rules prescribed by the Board conforming to state and federal privacy laws or limiting access to limited-use data sets. B. Data in the Oklahoma Healthcare Transparency Initiative shall not be used to disclose trade secrets of submitting entities, and shall be used or disclosed only in compliance with applicable state and federal data privacy and security law and in compliance with the policies established by the Board. C. Notwithstanding any other section of law, the Oklahoma Healthcare Transparency Initiative shall not publicly disclose any data that contains direct personal identifiers. SECTION 13. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-134.7 of Title 63, unless there is created a duplication in numbering, reads as follows: A. Except for state or federal agencies that are submitting entities, a submitting entity that fails to submit data as required by the Oklahoma Healthcare Transparency Initiative Act or the rules promulgated by the Oklahoma Health Care Authority Board may be subject to a penalty. B. The Board shall adopt a schedule of penalties not to exceed One Thousand Dollars ($1,000.00) per day for each day the violation occurs, determined by the severity of the violation. ENGR. S. B. NO. 1369 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. A penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the Board considers proper and consistent with the public health and safety. D. A penalty remitted under this section shall be used to fund operations of the Oklahoma Healthcare Transparency Initiative. SECTION 14. NEW LAW A new section of law to be codi fied in the Oklahoma Statutes as Sec tion 1-134.8 of Title 63, unless there is created a duplication in numbering, reads as follows: A. The State Department of Health shall submit all public health data and vital statistics data collected by the Department to the Oklahoma Healthcare Transparency Initiative for integration into the Initiative database created under Section 6 of this act including but not limited to data collected regarding hospital discharge and emergency department records for the uninsured, birth and death records, and disease registry data under Sections 1-115 et seq., 1-323 et seq., 1-541, and 1-551.1 of Title 63 of the Oklahoma Statutes. B. The data submitted under subsection A of this section shall be assigned a unique identifier and may be used in accordance with the purposes of the Oklahoma Healthcare Transparency Initiative and the rules promulgated pursuant to the Oklahoma Healthcare Transparency Initiative Act. SECTION 15. AMENDATORY 51 O.S. 2021, Section 24A.3, is amended to read as follows: ENGR. S. B. NO. 1369 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 24A.3. As used in the Oklahoma Open Records Act: 1. "Record" means all documents, including, but not limited to, any book, paper, photograph, microfilm, data files created by or used with computer software, computer tape, disk, record , sound recording, film recording, video record or other material regardless of physical form or chara cteristic, created by, received by, under the authority of, or coming into the custody, cont rol or possession of public officials, public bodies, or their representatives in connection with the transaction of public business, the exp enditure of public funds or the administering of public property. "Record" Record does not mean: a. computer software, b. nongovernment personal effects, c. unless public disclosure is required by other laws or regulations, vehicle movement records of the Oklahoma Transportation Authority obtained in connection with the Authority's electronic toll collection system, d. personal financial information, credit reports or other financial data obtained by or submitted to a public body for the purpose of evaluat ing credit worthiness, obtaining a license, permit, or for the purpose of becoming qualified to contract with a public body, ENGR. S. B. NO. 1369 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. any digital audio/video recordings of the toll collection and safeguarding activities of the Oklahoma Transportation Authority, f. any personal informa tion provided by a guest at any facility owned or operated by the Oklahoma Tourism and Recreation Department or the Board of Trustees of the Quartz Mountain Arts and Conference Center and Nature Park to obtain any service at the faci lity or by a purchaser of a product sold by or through the Oklahoma Tourism and Recreation Department or the Quartz Mountain Arts and Conference Center and Nature Park, g. a Department of Defense Form 214 (DD Form 214) filed with a county clerk, including any DD Form 214 filed before July 1, 2002, or h. except as provided for in Section 2-110 of Title 47 of the Oklahoma Statutes, (1) any record in connection with a Motor Vehicle Report issued by the Department of Public Safety, as prescribed in Section 6 -117 of Title 47 of the Oklahoma Statutes, or (2) personal information within driver records, as defined by the Driver 's Privacy Protection Act, 18 United States Code, Sections 2721 thr ough ENGR. S. B. NO. 1369 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2725, which are stored and maintained by the Department of Public Saf ety, or i. data submitted under the Oklahoma Healthcare Transparency Initiative Act of 2022; 2. "Public body" shall include, but not be limited to, any office, department, board, bureau, commission, agency, trusteeship, authority, council, committee, trust or any enti ty created by a trust, county, city, village, town, township, district, school district, fair board, c ourt, executive office, advisory group, task force, study group, or any subdivision thereof, supported in whole or in part by public funds or entrusted wi th the expenditure of public funds or administering or operating public property, and all committees, or subcommittees thereof. Except for the records required by Section 24A.4 of this title, "public body" public body does not mean judges, justices, the C ouncil on Judicial Complaints, the Legislature, or legislators; 3. "Public office" means the physical location where public bodies conduct business or keep records ; 4. "Public official" means any official or employee of an y public body as defined herein; and 5. "Law enforcement agency" means any public body charged with enforcing state or local criminal laws and initiating criminal prosecutions, including, but not limited to, police departments, county sheriffs, the Depart ment of Public Safety, the Oklah oma State ENGR. S. B. NO. 1369 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Com mission, and the Oklahoma State Bureau of Investigation. SECTION 16. This act shall become effecti ve July 1, 2022. SECTION 17. 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 aft er its passage and approval. Passed the Senate the 23rd day of March, 2022. Presiding Officer of the Senate Passed the House of Represe ntatives the ____ day of __________, 2022. Presiding Officer of the House of Representatives