An Act
ENROLLED SENATE
BILL NO. 574 By: McCortney of the Senate
and
McEntire and Roe of the
House
An Act relating to health information; defining
terms; imposing certain duties on Oklahoma Health
Care Authority; designating purposes of Oklahoma
State Health Information Network and Exchange
(OKSHINE); providing certain protections for
participation in OKSHINE; specifying ownership of
certain property; providing for and limiting
disclosure of certain health i nformation; directing
promulgation of rules; repealing Section 1, Chapter
258, O.S.L. 2016 (62 O.S. Supp. 2020, Section
34.201), which relates to Health Information
Technology Advisory Board; repealing 63 O.S. 2011,
Section 1-131, which relates to Health I nformation
Infrastructure Advisory Bo ard; repealing 63 O.S.
2011, Section 1-132, as amended by Section 1, Chapter
157, O.S.L. 2015 (63 O.S. Supp. 2020, Section 1 -132),
which relates to Oklahoma Health Information Exchange
Trust; providing for codification; and declaring an
emergency.
SUBJECT: Health information
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -133 of Title 63, unless there
is created a duplica tion in numbering, reads as follows:
ENR. S. B. NO. 574 Page 2
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 purposes including, but not
limited to, payment, treatment and administration ;
2. "Health information exchange organization " means an entity
whose primary business activity 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 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 organization to qual ify 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 Network and Exchange
(OKSHINE) shall be organized 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, 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 and storage and reducing administrative,
billing, and data collection costs;
3. Creating the ability to monitor community health status; and
ENR. S. B. NO. 574 Page 3
4. Providing reliable inform ation 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 Insura nce 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 governmental
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 information and data to OKSHINE
retains a property right in the inform ation 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 In surance 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 infor mation 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 Ac t of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
ENR. S. B. NO. 574 Page 4
SECTION 2. REPEALER Section 1, Chapter 258, O.S.L. 2016
(62 O.S. Supp. 2020, Section 34.201), is hereby re pealed.
SECTION 3. REPEALER 63 O.S. 2011, Section 1 -131, is
hereby repealed.
SECTION 4. REPEALER 63 O.S. 2011, Section 1 -132, as
amended by Section 1, Chapter 157, O.S.L. 2015 (63 O.S. Supp. 2020,
Section 1-132), is hereby repealed.
SECTION 5. 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. 574 Page 5
Passed the Senate the 19th day of May, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of April, 2021.
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: _______________________________ __