OK
Oklahoma Senate Bill SB1369

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1369 Compare Versions

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3+ENGR. H. A. to ENGR. S. B. NO. 1369 Page 1 1
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28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 1369 By: Haste of the Senate
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32+ and
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34+ McEntire of the House
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5-An Act
6-ENROLLED SENATE
39+[ health information – Oklahoma Healthcare
40+Transparency Initiative Act of 2022 - Office of the
41+State Coordinator for Health Informati on Exchange -
42+health information exchange legislative intent –
43+definitions - Oklahoma Healthcare Transparency
44+Initiative – submission of claims data – disclosure
45+of data – penalty schedule – Oklahoma Open Records
46+Act - codification - effective date –
47+ emergency ]
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50+AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
51+entire bill and insert:
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54+"An Act relating to health insurance; creating the
55+State Coordinator for Health Information Exchange;
56+providing for powers and duties; providing for
57+appointment of State Coordinator; providing for
58+service at pleasure of appointing authority;
59+amending 63 O.S. 2021, Section 1 -133, which relates
60+to definitions; modifying definitions; providing for
61+health information exc hange; providing for
62+transition plan; providing for designation as
63+certain entity; modifying provisions related to
64+health information exchange; requiring data
65+reporting; authorizing exemptions; modifying
66+provisions related to certain civil liabilities;
67+modifying provisions related to certain pr operty
68+rights; modifying provisions related to software and
69+processes; modifying provisions related to patient
70+authorization; providing for codification; providing
71+an effective date; and declaring an emergency.
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74+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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101+SECTION 1. NEW LAW A new sect ion of law to be codified
102+in the Oklahoma Statutes as Section 1-132.1 of Title 63, unless
103+there is created a duplication in numbering, reads as follows:
104+A. There is hereby crea ted the Office of the State Coordinator
105+for Health Information Exchange within the Oklahoma Health Care
106+Authority.
107+B. The Office shall have the power and duty to oversee the
108+state-designated entity for health information exchange, as
109+described under Section 1-133 of Title 63 of the Oklahoma Statutes .
110+C. The Office shall consist of the State Coordinator for Health
111+Information Exchange, who shall be appointed by and serve at the
112+pleasure of the Administrator of the Aut hority, and such other
113+employees of the Authority as the Administrator may assign to the
114+Office.
115+SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-133, is
116+amended to read as follows:
117+Section 1-133. A. As used in this section:
118+1. "Health information exchan ge" means the electronic movement
119+of health-related information among organizations according to
120+nationally recognized standards for purpos es including, but not
121+limited to, payment, treatment, and administration; and
122+2. "Health information exchange organization" means an entity
123+whose primary business activity is health information exchange; and
124+which is governed by its stakeholders.
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151+3. "Oklahoma State Health I nformation Network and Exchange" or
152+"OKSHINE" means a health information exchange organization charged
153+with facilitating the exchange of health information to and from
154+authorized individuals and health care organizations in this state
155+and shall serve
156+B. The State of Oklahoma:
157+1. Shall designate a health information exchange organization
158+as the state-designated entity for health information exchange;
159+2. Shall establish a transition plan to ensure continued
160+operation of the health informati on exchange; and
161+3. May temporarily serve as t he state-designated entity as part
162+of the transition plan described in paragraph 2 of this subsection.
163+B. The Oklahoma Health Care Authority (OHCA) shall establish a
164+health information exchan ge certification with i nput from
165+stakeholders. Such certific ation shall be required in order for a
166+health information exchange organization to qualify as an Oklahoma
167+Statewide Health Information Exchange (OKHIE). Until such time as
168+the health information exchange certification is established by
169+OHCA, an OKHIE shall mean either OKSHINE or a health information
170+exchange organization that was previously certified by the Oklahoma
171+Health Information Exchange Trust.
172+C. The Oklahoma State Health Information Netw ork and Exchange
173+(OKSHINE) shall be organized for the purpose of improving the health
174+of residents of this state by:
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201+1. Promoting efficient and effective communication among
202+multiple health care providers including, but not limit ed to,
203+hospitals, physicians, payers, employers, pharmacies, laboratories,
204+and other health care entities or health information exchange
205+networks and organizations;
206+2. Creating efficiencies in health care costs by eliminating
207+redundancy in data capture an d storage and reducing adm inistrative,
208+billing, and data collection costs;
209+3. Creating the ability to monitor community health status; and
210+4. Providing reliable information to health care consumers and
211+purchasers regarding the quality of health care.
212+C. Beginning July 1, 2023, a ll health care providers as defined
213+by the rules promulgated by the O klahoma Health Care Authority Board
214+and who are licensed by and located in t his state shall report data
215+to and utilize the state-designated entity. The Office of the State
216+Coordinator for Health Information Excha nge may, as provided by
217+rules promulgated by the Board, allow exemptions from the
218+requirement provided by this subsection on the basis of financial
219+hardship, size, or technological capability of a health care
220+provider or such other bases as may be provided by rules promulgated
221+by the Board.
222+D. 1. A person who participates in the services or informati on
223+provided by OKSHINE or an OKHIE the state-designated entity shall
224+not be liable in any action for damages or costs of any nature that
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251+result solely from the person's use or failure to use either an
252+OKHIE or OKSHINE information or data from the state-designated
253+entity that was entered or retrieved under relevant state or federal
254+privacy laws, rules, regulations, or policies including , but not
255+limited to, the Health Insurance Portability and Accountability Act
256+of 1996.
257+2. A person shall not be subject to antitrust or unfair
258+competition liability based on participation in OKSHINE or an OKHIE
259+with the state-designated entity as long as the participation
260+provides an essential governmental function fo r the public health
261+and safety and enjoys state action immunity.
262+3. Participating in an OKHIE shall qualify as meeting any
263+requirement to send data to OKSHINE.
264+E. 1. A person who provides informat ion and data to OKSHINE
265+the state-designated entity retains a property right in the
266+information or data, but grants to the other participants or
267+subscribers a nonexclusive license to retrieve and use that
268+information or data under relevant state or federal privacy laws,
269+rules, regulations, or policies including , but not limited to, the
270+Health Insurance Portability and Accountability Act of 1996.
271+2. All processes or software developed, designed, or purchased
272+by OKSHINE shall remain the property of OKSHINE subject to use by
273+participants or subscribers.
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300+F. Patient-specific protected health information shall only be
301+disclosed in accordance with the patient's authorization or in
302+compliance with relevant state or federal privacy laws, rules,
303+regulations, or policies including, but not limited to, the Health
304+Insurance Portability and Accountability Act of 1996.
305+G. The Oklahoma Health Care Authority Board shall promulgate
306+rules to implement the provisions of this section.
307+SECTION 3. This act shall become effective July 1, 2022.
308+SECTION 4. It being immediately necessary for the preservation
309+of the public peace, health or safety, an emergency is hereby
310+declared to exist, by reason whereof this act shall take effect and
311+be in full force from and after its passage and approval."
312+Passed the House of Representatives the 28th day of April, 2022.
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318+Presiding Officer of t he House of
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322+Passed the Senate the ____ day of _______ ___, 2022.
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328+Presiding Officer of the Senate
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355+ENGROSSED SENATE
7356 BILL NO. 1369 By: Haste of the Senate
8357
9358 and
10359
11360 McEntire of the House
12361
13362
14363
15364
16-
17-
18-An Act relating to health insurance; creating the
19-State Coordinator for Health Information Exchange;
20-providing for powers and duties; providing for
21-appointment of State Coordinator; providing for
22-service at pleasure of appointing authority; amending
23-63 O.S. 2021, Section 1 -133, which relates to
24-definitions; modifying definitions; providing for
25-health information exc hange; providing for transition
26-plan; providing for designation as certain entity;
27-modifying provisions related to health information
28-exchange; requiring data reporting; authorizing
29-exemptions; modifying provisions related to certain
30-civil liabilities; mod ifying provisions related to
31-certain property rights; modifying provisions related
32-to software and processes; modifying provisions
33-related to patient authorization; providing for
34-codification; providing an effective date; and
35-declaring an emergency.
365+[ health information – Oklahoma Healthcare
366+Transparency Initiative Act of 2022 - Office of the
367+State Coordinator for Health Information Exchange -
368+health information exchange legislative intent –
369+definitions - Oklahoma Healthcare Transparency
370+Initiative – submission of claims data – disclosure
371+of data – penalty schedule – Oklahoma Open Records
372+Act - codification - effective date –
373+ emergency ]
36374
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40-
41-SUBJECT: Health information
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43377 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
44-
45-SECTION 1. NEW LAW A new sect ion of law to be codified
378+SECTION 5. NEW LAW A new section of law to be codified
379+in the Oklahoma Statutes as Secti on 1-134.1 of Title 63, unless
380+there is created a duplication in numbering, reads as follows :
381+Sections 4 through 10 of this act shall be known and may be
382+cited as the "Oklahoma Healthcare Transparency Initiative Act of
383+2022".
384+SECTION 6. NEW LAW A new section of law to be codified
46385 in the Oklahoma Statutes as Section 1-132.1 of Title 63, unless
47386 there is created a duplication in numbering, reads as follows:
48-
49-ENR. S. B. NO. 1369 Page 2
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51387 A. There is hereby created the Office of the State Coor dinator
52388 for Health Information Exchange within the Oklahoma Health Care
53389 Authority.
54390
55-B. The Office shall have the power and duty to oversee the
56-state-designated entity for health information exchange, as
57-described under Section 1-133 of Title 63 of the Oklahoma Statutes .
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416+B. The Office shall have the power and duty to:
417+1. a. Serve as the state designated entity for health
418+information exchange, if the State of Oklahoma serves
419+as the state designated entity for healt h information
420+exchange under Section 1-133 of Title 63 of the
421+Oklahoma Statutes, or
422+b. Oversee the state designated entity for health
423+information exchange, if the State of Oklahoma
424+designates a state designated entity for health
425+information exchange under Section 1-133 of Title 63
426+of the Oklahoma Statutes ; and
427+2. Implement and govern the Oklahom a Healthcare Transparency
428+Initiative created under Sections 4 through 10 of this act.
59429 C. The Office shall consist of the State Coordinator for Health
60430 Information Exchange, who shall be appointed by and serve at the
61431 pleasure of the Administrator of the Aut hority, and such other
62432 employees of the Authority as the Administrator may assign to the
63433 Office.
434+SECTION 7. AMENDATORY 63 O.S. 2021, Section 1-133, is
435+amended to read as follows:
436+Section 1-133. A. As used in this section:
437+1. "Health care entity" means:
438+a. a health plan that, either as an individual or group,
439+provides for, or pays the cost of, medical care,
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65-SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-133, is
66-amended to read as follows:
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68-Section 1-133. A. As used in this section:
69-
70-1. "Health information exchange" means the electronic movement
466+b. a health care provider that o ffers or renders medical
467+or health services, or
468+c. any further individual or association defined as a
469+covered entity under 45 C.F.R., Section 160.103; and
470+2. "Health information exchange " means the electronic movement
71471 of health-related information among o rganizations according to
72472 nationally recognized standards for purpos es including, but not
73-limited to, payment, treatment, and administration; and
74-
473+limited to, payment, treatment, and administration;
75474 2. "Health information exchange organization " means an entity
76475 whose primary business act ivity is health informati on exchange; and
77-which is governed by its stakeholders.
78-
79476 3. "Oklahoma State Health I nformation Network and Exchange" or
80477 "OKSHINE" means a health information exchange organization charged
81478 with facilitating the exchange of health information to and from
82479 authorized individuals and health care organizations in this state
83-and shall serve
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85-B. The State of Oklahoma:
86-
87-1. Shall designate a health information exchange organ ization
88-as the state-designated entity for health information exchange;
89-
90-2. Shall establish a transition plan to ensure continued
91-operation of the health informati on exchange; and
92-
93-ENR. S. B. NO. 1369 Page 3
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95-3. May temporarily serve as t he state-designated entity as part
96-of the transition plan described in paragraph 2 of this subsection.
97-
480+and.
481+B. The State of Oklahoma shall serve as or shall designate the
482+state-designated state designated entity for health information
483+exchange.
98484 B. The Oklahoma Health Care Authority (OHCA) shall establish a
99485 health information exchan ge certification with input from
100486 stakeholders. Such certific ation shall be required in order for a
101487 health information exchange organization to qualify as an Oklahoma
102488 Statewide Health Information Exchange (OKHIE). Until such time a s
103489 the health information exchange certification is established by
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104516 OHCA, an OKHIE shall mean either OKSHINE or a health information
105517 exchange organization that was previously certified by the Oklahoma
106518 Health Information Exchange Trust.
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108519 C. The Oklahoma State Health Information Netw ork and Exchange
109520 (OKSHINE) shall be organized for the purpose of improving the health
110521 of residents of this state by:
111-
112522 1. Promoting efficient and effective communication among
113523 multiple health care providers including, but not limited to,
114524 hospitals, physicians, payers, employers, pharmacies, laboratories,
115525 and other health care entities or health information exchange
116526 networks and organizations;
117-
118527 2. Creating efficiencies in health care costs by eliminating
119528 redundancy in data capture and storage and reducing adm inistrative,
120529 billing, and data collection costs;
121-
122530 3. Creating the ability to monitor community health status; and
123-
124531 4. Providing reliable information to health care consumers and
125532 purchasers regarding the quality of health care.
533+C. Beginning July 1, 2023, a ll health care entities licensed by
534+and located in this state shall report data to and utilize the state
535+designated entity. The Office of the State Coordinator for Health
536+Information Exchange may, as provided by rules promulgated by the
537+Oklahoma Health Care Authority Board, allow exemptions from the
538+requirement provided by this subsection on the basis of financial
539+hardship, size, or technological capability of a health care entity
126540
127-C. Beginning July 1, 2023, a ll health care providers as defined
128-by the rules promulgated by the O klahoma Health Care Authority Board
129-and who are licensed by and located in t his state shall report data
130-to and utilize the state-designated entity. The Office of the State
131-Coordinator for Health Information Excha nge may, as provided by
132-rules promulgated by the Board, allow exemptions from the
133-requirement provided by this subsection on the basis of financial
134-hardship, size, or technological capability of a health care
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137-provider or such other bases as may be provided by rules promulgated
138-by the Board.
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566+or such other bases as may be provided by rules promulgated by the
567+Board.
140568 D. 1. A person who participates in the services or information
141-provided by OKSHINE or an OKHIE the state-designated entity shall
569+provided by OKSHINE or an OKHIE the state designated entity shall
142570 not be liable in any action for damages or costs of any nature that
143571 result solely from the person's use or failure to use either an
144-OKHIE or OKSHINE information or data from the state-designated
572+OKHIE or OKSHINE information or data from the state designated
145573 entity that was entered or retrieved under relevant state or federal
146574 privacy laws, rules, regulations, or policies including , but not
147575 limited to, the Health Insurance Portability and Accountability Act
148576 of 1996.
149-
150577 2. A person shall not be subject to antitrust or unfair
151578 competition liability based on participation in OKSHINE or an OKHIE
152-with the state-designated entity as long as the participation
579+with the state designated entity as long as the participation
153580 provides an essential governmental function fo r the public health
154581 and safety and enjoys state action immunity.
155-
156582 3. Participating in an OKH IE shall qualify as meeting any
157583 requirement to send data to OKSHINE.
158-
159584 E. 1. A person who provides information and data to OKSHINE
160-the state-designated entity retains a property right in the
585+the state designated entity retains a property right in the
161586 information or data, but grants to the other participants or
162587 subscribers a nonexclusive license to retrieve and use that
163588 information or data under relevant state or federal privacy laws,
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164615 rules, regulations, or policies including , but not limited to, the
165616 Health Insurance Portability and Accountability Act of 1996.
166-
167617 2. All processes or software developed, designed, or purchased
168618 by OKSHINE shall remain the property of OKSHINE subject to use by
169619 participants or subscribers.
170-
171620 F. Patient-specific protected health information shall only be
172621 disclosed in accordance with the patient's authorization or in
173622 compliance with releva nt state or federal privacy laws, rules,
174623 regulations, or policies including , but not limited to, the Health
175624 Insurance Portability and Accountability Act of 1996.
176-
177625 G. The Oklahoma Health Care Authority Board shall promulgate
178626 rules to implement the provision s of this section.
627+SECTION 8. NEW LAW A new sectio n of law to be codif ied
628+in the Oklahoma Statutes as Section 1-134.2 of Title 63, unless
629+there is created a duplication in numbering, rea ds as follows:
630+A. It is the intent of the Legislature to create and maintain
631+an informative source of healthcare information to support
632+consumers, researchers, and policymakers in healthcare decisions
633+within this state.
634+B. The purpose of the Oklahoma Healthcare Transparency
635+Initiative Act is to:
636+1. Create the Oklahoma Healthcare Transparency Initiative;
637+2. Establish governance of the Oklahoma Healthcare Transparency
638+Initiative;
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182-SECTION 3. This act shall become effective July 1, 2022.
665+3. Provide authority to collect healthcare information from
666+insurance carriers and other entities; and
667+4. Establish appropriate methods for collecting, maintaining,
668+and reporting healthcare information including privacy and security
669+safeguards.
670+SECTION 9. NEW LAW A new section of law to be codified
671+in the Oklahoma Statutes as Section 1-134.3 of Title 63, unless
672+there is created a duplication in numbering, reads as follows:
673+As used in the Oklahoma Healthcare Transparency Initiative Act
674+of 2022:
675+1. "Board" means the Oklahoma Health Care Authority Board;
676+2. "Claims data" means information included in an
677+institutional, professional, or pharmacy claim or equivalent
678+information transaction for a covered individual including the
679+amount paid to a provider of healthcare services plus any amount
680+owed by the covered individual;
681+3. "Covered individual" means a natural person who is a
682+resident of this state and is eligible to receive medical, dental,
683+or pharmaceutical benefits under any policy, contract, certificate,
684+evidence of coverage, rider, binder, or endorsement that provides
685+for or describes coverage;
686+4. "Direct personal identifiers" means information relating to
687+a covered individual that contains primary or obvious identifiers,
688+such as the individual's name, street address, e-mail address,
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715+telephone number, or Social Security number. Direct personal
716+identifiers shall not include geographic or demographic information
717+that would not allow the identification of a covered individual;
718+5. "Enrollment data" means demographic information and other
719+identifying information relating to covered individuals including
720+direct personal identifiers;
721+6. "Office" means the Office of the State Coordinator for
722+Health Information Exchange;
723+7. "Oklahoma Healthcare Transparency Initiative" means an
724+initiative to create a database including ongoing all-payer claims
725+database projects that receive and store data from a submitting
726+entity relating to medical, dental, pharmaceutical, and other
727+insurance claims information, unique identifiers, and geographic and
728+demographic information for covered individuals as permitted in the
729+Oklahoma Healthcare Transparency Initiative Act, and provider files,
730+for the purposes of the Oklahoma Healthcare Transparency Initiative
731+Act;
732+8. "Protected health information" means health information as
733+protected by the Health Insurance Portability and Accountability Act
734+of 1996, Pub. L. No. 104-191;
735+9. "Provider" means an individual or entity licensed by the
736+state to provide healthcare services;
737+10. a. "Submitting entity" means:
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764+(1) an entity that provides health or dental
765+insurance or a health or dental benefit plan in
766+the state including but not limited to an
767+insurance company, medical services plan, managed
768+care organization, hospital plan, hospital
769+medical service corporation, health maintenance
770+organization, or fraternal benefit society,
771+provided that the entity has covered individuals
772+and the entity had at least two thousand covered
773+individuals in the previous calendar year,
774+(2) a health benefit plan offered or administered by
775+or on behalf of the state or an agency or
776+instrumentality of the state including but not
777+limited to benefits administered by a managed
778+care organization, notwithstanding the number of
779+covered individuals in the previous year,
780+(3) a health benefit plan offered or administered by
781+or on behalf of the federal government with the
782+agreement of the federal government,
783+(4) the Workers' Compensation Commission,
784+(5) any other entity providing a plan of health
785+insurance or health benefits subject to state
786+insurance regulation, a third-party
787+administrator, or a pharmacy benefits manager;
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814+provided, that the entity has covered individuals
815+and the entity had at least two thousand covered
816+individuals in the previous calendar year,
817+(6) a health benefit plan subject to the Employee
818+Retirement Income Security Act of 1974, Pub. L.
819+No. 93-406, and that is fully insured,
820+(7) a risk-based provider organization licensed by
821+the Insurance Department, and
822+(8) any entity that contracts with the Department of
823+Corrections to provide medical, dental, or
824+pharmaceutical care to inmates.
825+b. A submitting entity shall not include:
826+(1) an entity that provides health insurance or a
827+health benefit plan that is accident-only,
828+specified disease, hospital indemnity, long-term
829+care, disability income, or other supplemental
830+benefit coverage,
831+(2) an employee of a welfare benefit plan as defined
832+by federal law that is also a trust established
833+pursuant to collective bargaining subject to the
834+Labor Management Relations Act of 1947, Pub. L.
835+No. 80-101, or
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862+(3) a health benefit plan subject to the Employee
863+Retirement Income Security Act of 1974, Pub. L.
864+No. 93-406, that is self-funded; and
865+11. "Unique identifier" means any identifier that is guaranteed
866+to be unique among all identifiers for covered individuals but does
867+not include direct personal identifiers.
868+SECTION 10. NEW LAW A new section of law to be codified
869+in the Oklahoma Statutes as Section 1-134.4 of Title 63, unless
870+there is created a duplication in numbering, rea ds as follows:
871+A. There is hereby created the Oklahoma Healthcare Transparency
872+Initiative, which shall be governed by the Office of the State
873+Coordinator for Health Information Exchange.
874+B. The Office shall be the administrator of the Oklahoma
875+Healthcare Transparency Initiative and shall, in collaboration with
876+the state designated entity for health information exchange, be
877+responsible for development and implementation of a sustainability
878+plan subject to data use and disclosure requirements of the Oklahoma
879+Healthcare Transparency Initiative Act and any rules promulgated by
880+the Oklahoma Health Care Authority Board under the Oklahoma
881+Healthcare Transparency Initiative Act.
882+C. The Office shall have the power and duty to:
883+1. Collect, validate, analyze, and pre sent health data
884+including claims data;
885+2. Assess penalties for noncompliance with this section;
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912+3. Establish policies and procedures necessary for the
913+administration and oversight of the Oklahoma Healthcare Transparency
914+Initiative including procedures for the collection, processing,
915+storage, analysis, use, and release of data;
916+4. Identify and explore the key healthcare issues, questions,
917+and problems that may be improv ed through more transparent
918+information including but not limited to data required to be
919+disclosed to patients related to provider relationships or
920+affiliations with payers and providers, financial interests in
921+healthcare businesses, and payments or items of any value given to
922+providers from pharmaceutical or medical device manufacturers or
923+agents thereof; and
924+5. Provide a biennial r eport to the Legislature on the
925+operations of the Oklahoma Healthcare Transparency Initiative.
926+SECTION 11. NEW LAW A new section of law to be codified
927+in the Oklahoma Statutes as Section 1-134.5 of Title 63, unless
928+there is created a duplication in numbering, reads as follows:
929+A. No later than July 1, 2023, and thereafter in a frequency
930+specified in rules promulgated by the Oklahoma Health Car e Authority
931+Board, a submitting entity s hall submit claims data, unique
932+identifiers, and geographic and demographic information for covered
933+individuals as permitted in the Oklahoma Healthcare Transparency
934+Initiative Act, and provider files to the Oklahoma Healthcare
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961+Transparency Initiative in ac cordance with standards and procedures
962+promulgated by the Board.
963+B. Data submitted under this section shall be treated as
964+confidential and shall be exempt from disclosure as a record under
965+the Oklahoma Open Records Act as defined pursuant to Section 24A.3
966+of Title 51 of the Oklahoma Statutes and are not subject to subpoena
967+except to the extent provided in the Oklahoma Insurance Code.
968+C. The collection, storage, and release of data and other
969+information under this se ction is subject to applicable state and
970+federal data privacy and security law.
971+SECTION 12. NEW LAW A new section of law to be codified
972+in the Oklahoma Statutes as Sectio n 1-134.6 of Title 63, unless
973+there is created a duplication in numbering, reads as follows:
974+A. Data in the Oklahoma Healthcare Transparency Initiative
975+shall, to the extent authorized by rules promulgated by the Oklahoma
976+Health Care Authority Board, be available:
977+1. When disclosed in a form and manner that ensures the privacy
978+and security of protected health information as required by state
979+and federal laws, as a resource to insurers, employers, purchasers
980+of health care, researchers, state agencies, and healthcare
981+providers to allow for assessment of healthcare utilization,
982+expenditures, and performance in this state including but not
983+limited to as a resource for hospital community health needs
984+assessments; and
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1011+2. To state programs regarding healthcare quality and costs for
1012+use in improving health care in the state, subject to rules
1013+prescribed by the Board conforming to state and federal privacy laws
1014+or limiting access to limited-use data sets.
1015+B. Data in the Oklahoma Healthcare Transparency Initiative
1016+shall not be used to disclose trade secrets of submitting entities,
1017+and shall be used or disclosed only in compliance with applicable
1018+state and federal data privacy and security law and in compliance
1019+with the policies established by the Board.
1020+C. Notwithstanding any other section of law, the Oklahoma
1021+Healthcare Transparency Initiative shall not publicly disclose any
1022+data that contains direct personal identifiers.
1023+SECTION 13. NEW LAW A new section of law to be codified
1024+in the Oklahoma Statutes as Section 1-134.7 of Title 63, unless
1025+there is created a duplication in numbering, reads as follows:
1026+A. Except for state or federal agencies that are submitting
1027+entities, a submitting entity that fails to submit data as required
1028+by the Oklahoma Healthcare Transparency Initiative Act or the rules
1029+promulgated by the Oklahoma Health Care Authority Board may be
1030+subject to a penalty.
1031+B. The Board shall adopt a schedule of penalties not to exceed
1032+One Thousand Dollars ($1,000.00) per day for each day the violation
1033+occurs, determined by the severity of the violation.
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1060+C. A penalty imposed under this section may be remitted or
1061+mitigated upon such terms and conditions as the Board considers
1062+proper and consistent with the public health and safety.
1063+D. A penalty remitted under this section shall be used to fund
1064+operations of the Oklahoma Healthcare Transparency Initiative.
1065+SECTION 14. NEW LAW A new section of law to be codi fied
1066+in the Oklahoma Statutes as Sec tion 1-134.8 of Title 63, unless
1067+there is created a duplication in numbering, reads as follows:
1068+A. The State Department of Health shall submit all public
1069+health data and vital statistics data collected by the Department to
1070+the Oklahoma Healthcare Transparency Initiative for integration into
1071+the Initiative database created under Section 6 of this act
1072+including but not limited to data collected regarding hospital
1073+discharge and emergency department records for the uninsured, birth
1074+and death records, and disease registry data under Sections 1-115 et
1075+seq., 1-323 et seq., 1-541, and 1-551.1 of Title 63 of the Oklahoma
1076+Statutes.
1077+B. The data submitted under subsection A of this section shall
1078+be assigned a unique identifier and may be used in accordance with
1079+the purposes of the Oklahoma Healthcare Transparency Initiative and
1080+the rules promulgated pursuant to the Oklahoma Healthcare
1081+Transparency Initiative Act.
1082+SECTION 15. AMENDATORY 51 O.S. 2021, Section 24A.3, is
1083+amended to read as follows:
1084+
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1110+Section 24A.3. As used in the Oklahoma Open Records Act:
1111+1. "Record" means all documents, including, but not limited to,
1112+any book, paper, photograph, microfilm, data files created by or
1113+used with computer software, computer tape, disk, record , sound
1114+recording, film recording, video record or other material regardless
1115+of physical form or chara cteristic, created by, received by, under
1116+the authority of, or coming into the custody, cont rol or possession
1117+of public officials, public bodies, or their representatives in
1118+connection with the transaction of public business, the exp enditure
1119+of public funds or the administering of public property. "Record"
1120+Record does not mean:
1121+a. computer software,
1122+b. nongovernment personal effects,
1123+c. unless public disclosure is required by other laws or
1124+regulations, vehicle movement records of the Oklahoma
1125+Transportation Authority obtained in connection with
1126+the Authority's electronic toll collection system,
1127+d. personal financial information, credit reports or
1128+other financial data obtained by or submitted to a
1129+public body for the purpose of evaluat ing credit
1130+worthiness, obtaining a license, permit, or for the
1131+purpose of becoming qualified to contract with a
1132+public body,
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1159+e. any digital audio/video recordings of the toll
1160+collection and safeguarding activities of the Oklahoma
1161+Transportation Authority,
1162+f. any personal informa tion provided by a guest at any
1163+facility owned or operated by the Oklahoma Tourism and
1164+Recreation Department or the Board of Trustees of the
1165+Quartz Mountain Arts and Conference Center and Nature
1166+Park to obtain any service at the faci lity or by a
1167+purchaser of a product sold by or through the Oklahoma
1168+Tourism and Recreation Department or the Quartz
1169+Mountain Arts and Conference Center and Nature Park,
1170+g. a Department of Defense Form 214 (DD Form 214) filed
1171+with a county clerk, including any DD Form 214 filed
1172+before July 1, 2002, or
1173+h. except as provided for in Section 2-110 of Title 47 of
1174+the Oklahoma Statutes,
1175+(1) any record in connection with a Motor Vehicle
1176+Report issued by the Department of Public Safety,
1177+as prescribed in Section 6 -117 of Title 47 of the
1178+Oklahoma Statutes, or
1179+(2) personal information within driver records, as
1180+defined by the Driver 's Privacy Protection Act,
1181+18 United States Code, Sections 2721 thr ough
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1208+2725, which are stored and maintained by the
1209+Department of Public Saf ety, or
1210+i. data submitted under the Oklahoma Healthcare
1211+Transparency Initiative Act of 2022;
1212+2. "Public body" shall include, but not be limited to, any
1213+office, department, board, bureau, commission, agency, trusteeship,
1214+authority, council, committee, trust or any enti ty created by a
1215+trust, county, city, village, town, township, district, school
1216+district, fair board, c ourt, executive office, advisory group, task
1217+force, study group, or any subdivision thereof, supported in whole
1218+or in part by public funds or entrusted wi th the expenditure of
1219+public funds or administering or operating public property, and all
1220+committees, or subcommittees thereof. Except for the records
1221+required by Section 24A.4 of this title, "public body" public body
1222+does not mean judges, justices, the C ouncil on Judicial Complaints,
1223+the Legislature, or legislators;
1224+3. "Public office" means the physical location where public
1225+bodies conduct business or keep records ;
1226+4. "Public official" means any official or employee of an y
1227+public body as defined herein; and
1228+5. "Law enforcement agency" means any public body charged with
1229+enforcing state or local criminal laws and initiating criminal
1230+prosecutions, including, but not limited to, police departments,
1231+county sheriffs, the Depart ment of Public Safety, the Oklah oma State
1232+
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1258+Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
1259+Beverage Laws Enforcement Com mission, and the Oklahoma State Bureau
1260+of Investigation.
1261+SECTION 16. This act shall become effecti ve July 1, 2022.
1262+SECTION 17. It being immediately necessary for the preservation
1851263 of the public peace, health or safety, an emergency is hereby
1861264 declared to exist, by reason whereof this act shall take effect and
1871265 be in full force from and aft er its passage and approval.
188-
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190-ENR. S. B. NO. 1369 Page 6
191-Passed the Senate the 9th day of May, 2022.
1266+Passed the Senate the 23rd day of March, 2022.
1921267
1931268
1941269
1951270 Presiding Officer of the Senate
1961271
1971272
198-Passed the House of Representatives the 28th day of April, 2022.
1273+Passed the House of Represe ntatives the ____ day of __________,
1274+2022.
1991275
2001276
2011277
2021278 Presiding Officer of the House
2031279 of Representatives
2041280
205-OFFICE OF THE GOVERNOR
206-Received by the Office of the Governor this _______ _____________
207-day of ___________________, 20_______, at _______ o'clock _______ M.
208-By: _______________________________ __
209-Approved by the Governor of the State of Oklahoma this _____ ____
210-day of _________________ __, 20_______, at _______ o'clock _______ M.
2111281
212- _________________________________
213- Governor of the State of Oklahoma
214-
215-
216-OFFICE OF THE SECRETARY OF STATE
217-Received by the Office of the Secretary of State this _______ ___
218-day of __________________, 20 _______, at _______ o'clock _______ M.
219-By: ______________________________ ___