An Act
ENROLLED SENATE
BILL NO. 1369 By: Haste of the Senate
and
McEntire of the House
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; mod ifying provisions related to
certain property 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.
SUBJECT: Health information
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 follows:
ENR. S. B. NO. 1369 Page 2
A. There is hereby created 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 exchange" 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.
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 organ ization
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
ENR. S. B. NO. 1369 Page 3
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:
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
ENR. S. B. NO. 1369 Page 4
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 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 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.
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.
ENR. S. B. NO. 1369 Page 5
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.
ENR. S. B. NO. 1369 Page 6
Passed the Senate the 9th day of May, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of April, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: ______________________________ ___