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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1400 By: Haste
AS INTRODUCED
An Act relating to health information; amending 63
O.S. 2021, Section 1 -133, which relates to Oklahoma
State Health Information Network a nd Exchange;
authorizing Oklahoma Health Care Authority to enter
into certain contracts; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Sectio n 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 accordi ng to
nationally recognized standards for purposes including, but not
limited to, payment, treatment and administration;
2. “Health information exchange organization ” means an entity
whose primary business act ivity is health information exchange; and
3. “Oklahoma State Health I nformation Network and Exc hange” or
“OKSHINE” means a health information exchange organization charged
with facilitating the exchange of health information to and from
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authorized individuals and health care organizations in this sta te
and shall serve as 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 organi zation to qualify as an Oklahoma
Statewide Health Information Exchange (OKHIE). Until such time as
the health information exchange certification is established by OHCA
the Authority, an OKHIE shall mean ei ther OKSHINE or a health
information exchange orga nization that was previously certified by
the Oklahoma Health Information Exchange Trust.
C. The Oklahoma State Health Information Network and Exchange
(OKSHINE) shall be or ganized for the purpose of impro ving 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, lab oratories,
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 administrative,
billing, and data collect ion costs;
3. Creating the abil ity to monitor community health status; and
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4. Providing reliable information to health care consumers and
purchasers regarding the quality of health care.
D. 1. A person who participates in the services or information
provided by OKSHINE or an OKHIE 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 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
as long as the participation provides an essential government al
function for 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 i nformation and data to OKSHINE
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.
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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 Authority may enter into contracts for the purpose of
implementing this section.
H. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the prov isions of this section.
SECTION 2. This act shall become effective November 1, 2022.
58-2-3348 DC 1/19/2022 10:30:31 AM