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SENATE FLOOR VERSION
February 28, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1400 By: Haste
An Act relating to health information; amending 63
O.S. 2021, Section 1-133, which relates to health
information exchange; adding and deleting
definitions; directing State of Oklahoma to serve as
or designate the state designated entity for health
information exchange; requiring health care entities
to report data to and utilize state designated
entity; providing exemption; eliminating certain
requirements of Oklahoma Health C are Authority;
removing certain provisions relating to Oklahoma
Statewide Health Information Exchange and Oklahoma
State Health Information Network and Exchange ;
modifying terminology ; providing an effective date;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. 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 a s an individual or group,
provides for, or pays the cost of, medical care,
b. a health care provider that offers or renders medical
or health services, or
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c. any further individual or association defined as a
covered entity under 45 C.F.R., Section 160.103 ;
2. “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. 3. “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 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 exchange certification with input from
stakeholders. Such certific ation shall be required in order for a
health information exchange organization to qu alify 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 informatio n
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exchange organization that was previous ly 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 improving the health
of residents of this state by:
1. Promoting efficient and e ffective 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 exc hange
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 ability to monitor community health sta tus; 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 Oklahoma Health Care Authority 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 or such other ba ses
as may be provided by rules promulgated by the Board.
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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 for the p ublic 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 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,
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 releva nt state or federal privacy laws, rules,
regulations, or policies including , but not limited to, the Health
Insurance Portability and Acco untability Act of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provision s of this section.
SECTION 2. This act shall become effecti ve July 1, 2022.
SECTION 3. 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.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 28, 2022 - DO PASS AS AMENDED