Req. No. 5295 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1660 By: McEntire
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 7100 .2, which relates to
legislative findings in the Oklahoma Health
Information Exchange Act; clarifying the purpose to
include rights afforded under the Health Insurance
Portability and Accountability Act (HIPAA) and not
supersede HIPAA; amending 63 O.S. 2021, Section
7100.3, which relates to definitions in the Oklahoma
Health Information Exchange Act; adding new
definitions; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 7100.2, is
amended to read as follows:
Section 7100.2 A. The Legislature finds that the exchange of
health information in Okla homa has been impeded as a result of:
1. Confusion about the proper application of federal and s tate
privacy and privilege l aw; and
2. Concern regarding potential liability for violations of such
laws.
B. The purpose of this act is to:
Req. No. 5295 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Set forth a standard process for authorizing the exchange of
health information in compliance with federal and state law; and
2. Ensure immunization from liability under state law for
exchanges of health i nformation in accordance with the standard
process.
C. Nothing in this act shall be construed as superseding,
preempting, or altering rights and protections af forded under the
Health Insurance Portability and Accou ntability Act of 1996 (H IPAA).
Nothing in this act shall be construed as affecting the obligations
of covered entities under existing HIPAA regulations.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 7100.3, is
amended to read as follo ws:
Section 7100.3 As used in the Oklahoma Health Information
Exchange Act:
1. "Board" means the State Board of Health;
2. "Health information" means information, regardless of source
or form, that:
a. includes demographic inf ormation collected from an
individual,
b. relates to the past, present or future physical or
mental health or condition of an indi vidual; the
provision of health care to an individual; or the
past, present or future payment for the provision of
health care to an individual, or
Req. No. 5295 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. identifies the individual or from which there is a
reasonable basis to believe the information can be
used to identify the individual; and
3. "Health care entity" means:
a. a health plan that, either as 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
c. any further individual or association defined as a
covered entity under 45 C.F.R., Section 160.103 ;
4. "HIPAA" means the federal Health Insurance Portabi lity and
Accountability Act of 1996, and any amendments thereto ; and
5. "HIPAA Privacy Rule" means the privacy rule found at 45 CFR
Part 160 and subparts A and E of Part 164.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5295 TJ 01/03/23