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: ______________________________ ___