Oklahoma 2023 Regular Session

Oklahoma House Bill HB1688 Compare Versions

Version 1 (Old)

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29		-	SENATE FLOOR VERSION
30		-	April 12, 2023
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 59th Legislature (2023)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR ENGROSSED
35		-	HOUSE BILL ~~NO.~~ 1688 By: McEntire of the House
	34	+	HOUSE BILL 1688 By: McEntire of the House
36	35
37	36		and
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39	38		Haste of the Senate
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45		-	[ health information - Office of the State
46		-	Coordinator for Healt h Information Exchange - powers
47		-	and duties - state-designated entity - time period -
48		-	exemptions - Oklahoma Health Care Transparency
49		-	Initiative - voluntary submission - requirements -
50		-	public health data - penalties - proceeds - funds -
51		-	Oklahoma Open Records Act -
52		-	emergency ]
	44	+	COMMITTEE SUBSTITUTE
53	45
	46	+	An Act relating to health information; creati ng the
	47	+	Oklahoma Health Care Transparency Initiative Act of
	48	+	2023; providing short title; amending Section 1,
	49	+	Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022, Section
	50	+	1-132.1), which relates to the Office of the State
	51	+	Coordinator for Healt h Information Exchange ;
	52	+	modifying powers and duties of the Office; amending
	53	+	63 O.S. 2021, Section 1 -133, as amended by Section 2,
	54	+	Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022, Section
	55	+	1-133), which relates to state -designated entity for
	56	+	health information exchange; modifying ti me period of
	57	+	certain requirement; modifying and adding certain
	58	+	exemptions; defining terms; creating the Oklahoma
	59	+	Health Care Transparency Initiative; providing for
	60	+	governance and oversight of the initiative; requiring
	61	+	submitting entity to submit certain in formation to
	62	+	state-designated entity; allowing voluntary
	63	+	submission of certain information by certain health
	64	+	benefit plan, person, or entity; mandating compliance
	65	+	with certain requirements; requiring submission of
	66	+	public health data f or integration into th e
	67	+	initiative; requiring assignment of unique
	68	+	identifier; providing for confidentiality, privacy,
	69	+	and security of certain data; listing circumstances
	70	+	under which certain data may be made available;
	71	+	prohibiting certain use or disclosure of data;
	72	+	providing certain construction; authorizing certain
	73	+	penalties; limiting amount of penalties; providing
	74	+	for certain remittance or mitigation of penalties;
54	75
55		-
56		-
57		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58		-	SECTION 1. NEW LAW A new section of law to be codified
59		-	in the Oklahoma Statutes as Section 1 -134.1 of Title 63, unless
60		-	there is created a duplication in numbering, reads as follows:
61		-	Sections 4 through 7 of this act shall be known and may be cited
62		-	as the “Oklahoma Health Care Transparency Initiative Act of 2023 ”.
63		-	SECTION 2. AMENDATORY S ection 1, Chapter 250, O.S.L.
64		-	2022 (63 O.S. Supp. 2022, Section 1 -132.1), is amended to read as
65		-	follows:
66		-
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	101	+	requiring the Insurance Department to remit certain
	102	+	proceeds to the Oklahoma Health Care Aut hority;
	103	+	specifying allowed uses of certain funds; amending 51
	104	+	O.S. 2021, Section 24A.3 , as amended by Section 1,
	105	+	Chapter 402, O.S.L. 2022 (51 O.S. Supp. 2022, Section
	106	+	24A.3), which relates to the Oklahoma Open Records
	107	+	Act; modifying certain definition ; providing for
	108	+	codification; and declaring an emergency .
	109	+
	110	+
	111	+
	112	+
	113	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	114	+	SECTION 1. NEW LAW A new section of law to be codified
	115	+	in the Oklahoma Statutes as Section 1 -134.1 of Title 63, unless
	116	+	there is created a duplication in numbering, reads as follows:
	117	+	Sections 4 through 7 of this act shall be known and may be cited
	118	+	as the “Oklahoma Health Care Transparency Initiative Act of 2023 ”.
	119	+	SECTION 2. AMENDATORY S ection 1, Chapter 250, O.S.L.
	120	+	2022 (63 O.S. Supp. 2022, Section 1 -132.1), is amended to read as
	121	+	follows:
93	122		Section 1-132.1 A. There is hereby created the Office of the
94	123		State Coordinator for Health Information Exchange within the
95	124		Oklahoma Health Care Author ity.
96	125		B. The Office shall have the power and duty to oversee:
97	126		1. Oversee the state-designated entity for health information
98	127		exchange, as described under Section 1-133 of Title 63 of the
99	128		Oklahoma Statutes this title; and
100	129		2. Oversee the Oklahoma Health Care Transparency Initiati ve.
101		-	C. The Office shall consist of the Sta te Coordinator for Health
102		-	Information Exchange, who shall be appointed by and serve at the
103		-	pleasure of the Administrator of the Authority, and such other
104		-	employees of the Authority as the Administrator may assign to the
105		-	Office.
106		-	SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -133, as
107		-	amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022,
108		-	Section 1-133), is amended to read as follows:
109		-	Section 1-133. A. As used in this section:
110		-	1. “Health information exchange ” means the electronic movement
111		-	of health-related information among organizations according to
112		-	nationally recognized standards for purposes including, but not
113		-	limited to, payment, treatment, and administration; and
114		-	2. “Health information exchange organization ” means an entity
115		-	whose primary business activity is health information exchange and
116		-	which is governed by its stakeholders.
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	156	+	C. The Office shall consist of the State Coordinator for Health
	157	+	Information Exchange, who shall be appointed by and serve at the
	158	+	pleasure of the Administrator of the Authority, and such other
	159	+	employees of the Authority as the Administrator may assign to the
	160	+	Office.
	161	+	SECTION 3. AMENDATORY 63 O.S. 2021, Section 1 -133, as
	162	+	amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022,
	163	+	Section 1-133), is amended to read as follows:
	164	+	Section 1-133. A. As used in this section:
	165	+	1. “Health information exchange ” means the electronic movement
	166	+	of health-related information among organizations according to
	167	+	nationally recognized standards for purposes including, but not
	168	+	limited to, payment, treatment, and administration; and
	169	+	2. “Health information exchange organization ” means an entity
	170	+	whose primary business activity is health information exchange and
	171	+	which is governed by its stakeholders.
144	172		B. The State of Oklahoma:
145	173		1. Shall designate a h ealth information exchange organization
146	174		as the state-designated entity for health information exchange;
147	175		2. Shall establish a transition plan to ensure continued
148	176		operation of the health information exchange; and
149	177		3. May temporarily serve as the state -designated entity as part
150	178		of the transition plan des cribed in paragraph 2 of this subsection.
151		-	C. Beginning July 1, 2023, all 1. All health care providers as
152		-	defined by the rules promulgated by the Oklahoma Health Care
153		-	Authority Board and who are licensed by a nd located in this state
154		-	shall report data to a nd utilize the state-designated entity. The
155		-	Office of the State Coordinator for Health Information Exchange
156		-	shall begin implementation of this requirement on or before July 1,
157		-	2023.
158		-	2. The Office of the State Coordinator for Health Information
159		-	Exchange may, as provided by rules promulgated by the Board, allow
160		-	exemptions from the requirement provided by paragraph 1 of this
161		-	subsection on the basis of :
162		-	a. financial hardship,
163		-	b. size of the practice, or
164		-	c. technological capability of a,
165		-	d. type of health care provider, or
166		-	e. such other bases as may be provided by rules
167		-	promulgated by the Board.
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	205	+	C. Beginning July 1, 2023, all 1. All health care providers as
	206	+	defined by the rules promulgated by the Oklahoma Health Care
	207	+	Authority Board and who are licensed by a nd located in this state
	208	+	shall report data to a nd utilize the state-designated entity. The
	209	+	Office of the State Coordinator for Health Information Exchange
	210	+	shall begin implementation of this requirement on or before July 1,
	211	+	2023.
	212	+	2. The Office of the State Coordinator for Health Information
	213	+	Exchange may, as provided by rules promulgated by the Board, allow
	214	+	exemptions from the requirement provided by paragraph 1 of this
	215	+	subsection on the basis of :
	216	+	a. financial hardship,
	217	+	b. size of the practice, or
	218	+	c. technological capability of a,
	219	+	d. type of health care provider, or
	220	+	e. such other bases as may be provided by rules
	221	+	promulgated by the Board.
195	222		D. 1. A person who participates in the services or information
196	223		provided by the state -designated entity shall not be lia ble in any
197	224		action for damages or costs of any n ature that result solely from
198	225		the person’s use or failure to use information or data from the
199	226		state-designated entity that was entered or retrieved under relevant
200	227		state or federal privacy laws, rules, regulati ons, or policies
201		-	including, but not limited to, the Health Insurance Portability and
202		-	Accountability Act of 1996.
203		-	2. A person shall not be subject to antitrust or unfair
204		-	competition liability based on participation with the state -
205		-	designated entity as long as the participation provides an essential
206		-	governmental function for the public health and safety and enjoys
207		-	state action immunity.
208		-	E. A person who provides information and data to the state -
209		-	designated entity retains a property right in the information or
210		-	data, but grants to the other participants or subscribers a
211		-	nonexclusive license to retri eve and use that information or data
212		-	under relevant state or federal privacy laws, rules, regulations, or
213		-	policies including, but not limited to, the Health Insurance
214		-	Portability and Accountability Act of 1996.
215		-	F. Patient-specific protected health informa tion shall only be
216		-	disclosed in compliance with relevant state or federal privacy laws,
217		-	rules, regulations, or policies including, but not limited to, the
218		-	Health Insurance Portability and Accountability Act of 199 6.
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	254	+	including, but not limited to, the Health Insurance Portability and
	255	+	Accountability Act of 1996.
	256	+	2. A person shall not be subject to antitrust or unfair
	257	+	competition liability based on participation with the state -
	258	+	designated entity as long as the participation provides an essential
	259	+	governmental function for the public health and safety and enjoys
	260	+	state action immunity.
	261	+	E. A person who provides information and data to the state -
	262	+	designated entity retains a property right in the information or
	263	+	data, but grants to the other participants or subscribers a
	264	+	nonexclusive license to retrieve and use that information or data
	265	+	under relevant state or federal privacy laws, rules, regulations, or
	266	+	policies including, but not limited to, the Health Insurance
	267	+	Portability and Accountability Act of 1996.
	268	+	F. Patient-specific protected health information shall only be
	269	+	disclosed in compliance with relevant state or federal privacy laws,
	270	+	rules, regulations, or policies including, but not limited to, the
	271	+	Health Insurance Portability and Accountability Act of 199 6.
246	272		G. The Oklahoma Health Care Authority Board shall promulgate
247	273		rules to implement the provisions of this section.
248	274		SECTION 4. NEW LAW A new section of law to be codified
249	275		in the Oklahoma Statutes as Section 1 -134.2 of Title 63, unle ss
250	276		there is created a duplication in numbering, reads as follows:
251		-	As used in the Oklahoma Health Care Transparency Initiative Act
252		-	of 2023:
253		-	1. “Board” means the Oklahoma Health Care Authority Board;
254		-	2. “Claims data” means information included in an
255		-	institutional, professional, or pharmacy claim or equivalent
256		-	information transaction for a covered individual including the
257		-	amount paid to a provider of health care services plus any amount
258		-	owed by the covered individual;
259		-	3. “Covered individual” means a natural person who is a
260		-	resident of this state and is eligible to receive medical, dental,
261		-	or pharmaceutical benefits under any policy, contract, certificate,
262		-	evidence of coverage, rider, binder, or endors ement that provides
263		-	for or describes coverage;
264		-	4. “Direct personal identifiers” means information re lating to
265		-	a covered individual that contains primary or obvious identifiers,
266		-	such as the individual ’s name, street address, email address,
267		-	telephone number, or Social Security number. Direct personal
268		-	identifiers shall not include geographic or demographic information
269		-	that would not allow the identification of a covered individual;
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	303	+	As used in the Oklahoma Health Care Transparency Initiative Act
	304	+	of 2023:
	305	+	1. “Board” means the Oklahoma Health Care Authority Board;
	306	+	2. “Claims data” means information included in an
	307	+	institutional, professional, or pharmacy claim or equivalent
	308	+	information transaction for a covered individual including the
	309	+	amount paid to a provider of health care services plus any amount
	310	+	owed by the covered individual;
	311	+	3. “Covered individual” means a natural person who is a
	312	+	resident of this state and is eligible to receive medical, dental,
	313	+	or pharmaceutical benefits under any policy, contract, certificate,
	314	+	evidence of coverage, rider, binder, or endors ement that provides
	315	+	for or describes coverage;
	316	+	4. “Direct personal identifiers” means information relating to
	317	+	a covered individual that contains primary or obvious identifiers,
	318	+	such as the individual ’s name, street address, email address,
	319	+	telephone number, or Social Security number. Direct personal
	320	+	identifiers shall not include geographic or demographic information
	321	+	that would not allow the identification of a covered individual;
297	322		5. “Enrollment data” means demographic information and other
298	323		identifying information relating to covered individuals including
299	324		direct personal identifiers;
300		-	6. “Office” means the Office of the State Coordinator for
301		-	Health Information Exchange created under Section 1 -132.1 of Title
302		-	63 of the Oklahoma Statutes;
303		-	7. “Oklahoma Health Care Transparency Initiative ” means an
304		-	initiative to create a database including ongoing all -payer claims
305		-	database projects that receive and store data from a submitting
306		-	entity relating to medical, dental, pharmaceutical, and other
307		-	insurance claims information, unique identifiers, and geographic and
308		-	demographic information for covered individuals as permi tted in the
309		-	Oklahoma Health Care Transparency Initiative Act of 2023, and
310		-	provider files, for the purpose of implementing the Oklahoma Health
311		-	Care Transparency Initiative Act of 2023;
312		-	8. “Protected health informa tion” means health information as
313		-	protected by the Health Insurance Portability and Accountability Act
314		-	of 1996, Pub. L. No. 104 -191;
315		-	9. “Provider” means an individual or entity licen sed by the
316		-	state to provide health care services;
317		-	10. “State-designated entity for health information exchange ”
318		-	or “state-designated entity” means the health information exchange
319		-	organization designated by the State of Oklahoma as the state -
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	351	+	6. “Office” means the Office of the State Coordinator for
	352	+	Health Information Exchange created under Section 1 -132.1 of Title
	353	+	63 of the Oklahoma Statutes;
	354	+	7. “Oklahoma Health Care Transparency Initiative ” means an
	355	+	initiative to create a database including ongoing all -payer claims
	356	+	database projects that receive and store data from a submitting
	357	+	entity relating to medical, dental, pharmaceutical, and other
	358	+	insurance claims information, unique identifiers, and geographic and
	359	+	demographic information for covered individuals as permitted in the
	360	+	Oklahoma Health Care Transparency Initiative Act of 2023, and
	361	+	provider files, for the purpose of implementing the Oklahoma Health
	362	+	Care Transparency Initiative Act of 2023;
	363	+	8. “Protected health informa tion” means health information as
	364	+	protected by the Health Insurance Portability and Accountability Act
	365	+	of 1996, Pub. L. No. 104 -191;
	366	+	9. “Provider” means an individual or entity licen sed by the
	367	+	state to provide health care services;
	368	+	10. “State-designated entity for health information exchange ”
	369	+	or “state-designated entity” means the health information exchange
	370	+	organization designated by the State of Oklahoma as the state -
347	371		designated entity for health information exchange under Section 1 -
348	372		133 of Title 63 of th e Oklahoma Statutes;
349	373		11. a. “Submitting entity” means:
350		-	(1) an entity that provides health or dental
351		-	insurance or a health or dental benefit plan in
352		-	the state including but not limited to an
353		-	insurance company, medical services plan, managed
354		-	care organization, hospital plan, hospital
355		-	medical service corporation, health maintenance
356		-	organization, or fraternal benefit society,
357		-	provided that the entity has covered individuals
358		-	and the entity had at least two thousand (2,000)
359		-	covered individuals in the previous cal endar
360		-	year,
361		-	(2) a health benefit plan offer ed or administered by
362		-	or on behalf of the state or an agency or
363		-	instrumentality of the state including but not
364		-	limited to benefits administered by a managed
365		-	care organization, notwithstanding the number of
366		-	covered individuals in the previous year,
367		-	(3) a health benefit plan offered or administered by
368		-	or on behalf of the federal government with the
369		-	agreement of the federal government,
370		-	(4) the Workers’ Compensation Commission,
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	400	+	(1) an entity that provides health or dental
	401	+	insurance or a health or dental benefit plan in
	402	+	the state including but not limited to an
	403	+	insurance company, medical services plan, managed
	404	+	care organization, hospital plan, hospital
	405	+	medical service corporation, hea lth maintenance
	406	+	organization, or fraternal benefit society,
	407	+	provided that the entity has covered individuals
	408	+	and the entity had at least two thousand (2,000)
	409	+	covered individuals in the previous cal endar
	410	+	year,
	411	+	(2) a health benefit plan offered or administer ed by
	412	+	or on behalf of the state or an agency or
	413	+	instrumentality of the state including but not
	414	+	limited to benefits administered by a managed
	415	+	care organization, notwithstanding the number of
	416	+	covered individuals in the previous year,
	417	+	(3) a health benefit pla n offered or administered by
	418	+	or on behalf of the federal government with the
	419	+	agreement of the federal government,
	420	+	(4) the Workers’ Compensation Commission,
398	421		(5) any other entity providing a plan of health
399	422		insurance or health benefits subject to state
400	423		insurance regulation, or a third -party
401		-	administrator; provided, that the entity has
402		-	covered individuals and the entity had at least
403		-	two thousand (2,000) covered individuals in the
404		-	previous calendar year,
405		-	(6) a health benefit plan subject to the E mployee
406		-	Retirement Income Security Act of 1974, Pub. L.
407		-	No. 93-406, and that is fully insured,
408		-	(7) a risk-based provider organization licensed by
409		-	the Insurance Department, and
410		-	(8) any entity that contracts with th e Department of
411		-	Corrections to provide medi cal, dental, or
412		-	pharmaceutical care to inmates.
413		-	b. A submitting entity shall not include:
414		-	(1) an entity that provides health insurance or a
415		-	health benefit plan that is accident -only,
416		-	specified disease, hospital in demnity, long-term
417		-	care, disability income, or other supplemental
418		-	benefit coverage,
419		-	(2) an employee of a welfare benefit plan as defined
420		-	by federal law that is also a trust established
421		-	pursuant to collective bargaining subject to the
422	424
423		-	SENATE FLOOR VERSION - HB1688 SFLR Page 9
424		-	(Bold face denotes Committee Amendments) 1
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	450	+	administrator; provided, that the entity has
	451	+	covered individuals and the entity had at least
	452	+	two thousand (2,000) covered individuals in the
	453	+	previous calendar year,
	454	+	(6) a health benefit plan subject to the Employee
	455	+	Retirement Income Security Act of 1974, Pub. L.
	456	+	No. 93-406, and that is fully insured,
	457	+	(7) a risk-based provider organization licensed by
	458	+	the Insurance Department, and
	459	+	(8) any entity that contracts with th e Department of
	460	+	Corrections to provide medical, dental, or
	461	+	pharmaceutical care to inmates.
	462	+	b. A submitting entity shall not include:
	463	+	(1) an entity that provides health insurance or a
	464	+	health benefit plan that is accident -only,
	465	+	specified disease, hospital in demnity, long-term
	466	+	care, disability income, or other supple mental
	467	+	benefit coverage,
	468	+	(2) an employee of a welfare benefit plan as defined
	469	+	by federal law that is also a trust established
	470	+	pursuant to collective bargaining subject to the
449	471		Labor Management Relat ions Act of 1947, Pub. L.
450	472		No. 80-101,
451		-	(3) a health benefit plan subject to the Employee
452		-	Retirement Income Security Act of 1974, Pub. L.
453		-	No. 93-406, that is self-funded,
454		-	(4) a Medicare supplemental policy as defined by 42
455		-	C.F.R., Section 403.205, or
456		-	(5) a pharmacy benefits manager; and
457		-	12. “Unique identifier” means any identifier that is guaranteed
458		-	to be unique among all identifiers for covered individuals but does
459		-	not include direct personal identifiers.
460		-	SECTION 5. NEW LAW A new sec tion of law to be codified
461		-	in the Oklahoma Statutes as Section 1-134.3 of Title 63, unless
462		-	there is created a duplication in numbering, reads as follows:
463		-	A. Beginning July 1, 2024, there is hereby created the Oklahoma
464		-	Health Care Transparency Initiative . The initiative shall be
465		-	governed by the state-designated entity for health information
466		-	exchange and overseen by the Office of the State Coordinator for
467		-	Health Information Exchange.
468		-	B. Beginning on a date determined by the Oklahoma Health Care
469		-	Authority Board, and thereafter in a frequency specifi ed in rules
470		-	promulgated by the Board, a submitting entity shall submit claims
471		-	data, unique identifiers, and geographic and demographic information
472		-	for covered individuals as permitted in the Oklahoma Health Care
473	473
474		-	SENATE FLOOR VERSION - HB1688 SFLR Page 10
475		-	(Bold face denotes Committee Amendments) 1
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	499	+	(3) a health benefit plan subject to the Employee
	500	+	Retirement Income Security Act of 1974, Pub. L.
	501	+	No. 93-406, that is self-funded,
	502	+	(4) a Medicare supplemental policy as defined by 42
	503	+	C.F.R., Section 403.205, or
	504	+	(5) a pharmacy benefits manager; and
	505	+	12. “Unique identifier” means any identifier that is guaranteed
	506	+	to be unique among all identifiers for covered individuals but does
	507	+	not include direct personal identifiers.
	508	+	SECTION 5. NEW LAW A new sec tion of law to be codified
	509	+	in the Oklahoma Statutes as Sect ion 1-134.3 of Title 63, unless
	510	+	there is created a duplication in numbering, reads as follows:
	511	+	A. Beginning July 1, 2024, there is hereby created the Oklahoma
	512	+	Health Care Transparency Initiative . The initiative shall be
	513	+	governed by the state-designated entity for health information
	514	+	exchange and overseen by the Office of the State Coordinator for
	515	+	Health Information Exchange.
	516	+	B. Beginning on a date determined by the Oklahoma Health Care
	517	+	Authority Board, and thereafter in a frequency specified in rules
	518	+	promulgated by the Board, a submitting entity shall submit claims
	519	+	data, unique identifiers, and geographic and demographic information
	520	+	for covered individuals as permitted in the Oklahoma Health Care
500	521		Transparency Initiative Act of 2023, and provider files to the
501	522		state-designated entity for health information exchange in
502		-	accordance with standards and procedures promulgated by the Board.
503		-	The Office shall begin implementation of the requirements of this
504		-	subsection on or before July 1, 2024.
505		-	C. 1. A health benefit plan, person, or entity excluded from
506		-	the definition of submitting entity as provided by Section 4 of this
507		-	act shall not be subject to the requirements of subsection B of this
508		-	section, but may voluntarily submit claims data, unique ident ifiers,
509		-	and geographic and demographic information for covered individuals
510		-	as permitted in the Oklahoma Health Care Transparency Initiative Act
511		-	of 2023, and provider files to the state-designated entity in
512		-	accordance with standards and procedures promulgat ed by the Board.
513		-	2. To the extent the excluded health benefit plan, person, or
514		-	entity voluntarily submits data described in this subsection to the
515		-	state-designated entity, the health benefit plan, person, or enti ty
516		-	shall comply with all requirements of the Oklahoma Health Care
517		-	Transparency Initiative Act of 2023, other than subsection B of this
518		-	section, including, but not limited to, compliance with applicable
519		-	state and federal data privacy and security laws.
520		-	D. 1. The State Department of Health shall su bmit all public
521		-	health data and vital statistics data collected by the Department
522		-	under Title 63 of the Oklahoma Statutes to the state -designated
523		-	entity for integration into t he Oklahoma Health Care Transparency
524	523
525		-	SENATE FLOOR VERSION - HB1688 SFLR Page 11
526		-	(Bold face denotes Committee Amendments) 1
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	549	+	accordance with standards and procedures promulgated by the Board.
	550	+	The Office shall begin implementation of the requirements of this
	551	+	subsection on or before July 1, 2024.
	552	+	C. 1. A health benefit plan, person, or entity excluded from
	553	+	the definition of submitting entity as provided by Section 4 of this
	554	+	act shall not be subject to the requirements of subsection B of this
	555	+	section, but may voluntarily submit claims data, unique identifiers,
	556	+	and geographic and demographic information for covered individuals
	557	+	as permitted in the Oklahoma Health Care Transparency Initiative Act
	558	+	of 2023, and provider files to the state-designated entity in
	559	+	accordance with standards and procedures promulgated by the Board.
	560	+	2. To the extent the excluded health benefit plan, person, or
	561	+	entity voluntarily submits data described in this subsection to the
	562	+	state-designated entity, the health benefit plan, person, or enti ty
	563	+	shall comply with all requirements of the Oklahoma Health Care
	564	+	Transparency Initiative Act of 2023, other than subsection B of this
	565	+	section, including, but not limited to, compliance with applicable
	566	+	state and federal data privacy and security laws.
	567	+	D. 1. The State Department of Health shall submit all public
	568	+	health data and vital statistics data collected by the Department
	569	+	under Title 63 of the Oklahoma Statutes to the state -designated
	570	+	entity for integration into t he Oklahoma Health Care Transparency
551	571		Initiative database created under this section including, but not
552	572		limited to, data collected regarding hospital discharge and
	573	+
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553	599		emergency department records for the uninsured, birth and death
554	600		records, and disease registry data.
555	601		2. The data submitted under paragraph 1 of this subsection
556	602		shall be assigned a unique identifier and may be used in accordance
557	603		with the Oklahoma Health Care Transparency Initiative Act of 2023
558	604		and the rules promulgated under the Oklahoma Health Care
559	605		Transparency Initiative Act of 2023.
560	606		SECTION 6. NEW LAW A new section of law to be codified
561	607		in the Oklahoma Statutes as Section 1 -134.4 of Title 63, unless
562	608		there is created a duplication in numbering, reads as follows:
563	609		A. Data and other information submitted under Section 5 of this
564	610		act shall be treated as confidential and shall be exempt from
565	611		disclosure as a record under the Oklahoma Open Records Act as
566	612		defined in Section 24A.3 of Title 51 of the Oklahoma Statutes and
567	613		are not subject to subpoena except to the extent p rovided in the
568	614		Oklahoma Insurance Code.
569	615		B. Data and other information submitted under Section 5 of this
570	616		act may only be collected, stored, used, disclosed, or released in
571	617		compliance with applicable state and federal data privacy and
572	618		security law, rules promulgated by the Oklahoma Health Care
573	619		Authority Board, and data governance policies established by the
574	620		state-designated entity for health information exchange.
575	621
576		-	SENATE FLOOR VERSION - HB1688 SFLR Page 12
577		-	(Bold face denotes Committee Amendments) 1
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601	646
602	647		C. Data and other information in the Oklahoma Health Care
603	648		Transparency Initiative shall, to the extent authorized by rules
604	649		promulgated by the Board, be available:
605	650		1. When disclosed in a form and manner that ensures the privacy
606	651		and security of protected health information as required by state
607	652		and federal laws, as a resource to insurers, employers, p urchasers
608	653		of health care, researchers, state agencies, and health care
609	654		providers to allow for assessment of health care utilization,
610	655		expenditures, and performance in this state including , but not
611	656		limited to, as a resource for hospital community health need s
612	657		assessments; and
613	658		2. To state programs regarding health care quality and costs
614	659		for use in improving health care in the state, subject to rules
615	660		prescribed by the Board conforming to state and federal privacy laws
616	661		or limiting access to limited -use data sets.
617	662		D. Data and other information in the Oklahoma Health Care
618	663		Transparency Initiative shall not be used to disclose trade secrets
619	664		of submitting entities .
620	665		E. Notwithstanding any other section of law, the Oklah oma
621	666		Health Care Transparency Initiative shall n ot publicly disclose any
622	667		data or other information that contains direct personal identifiers.
623	668		F. The Oklahoma Health Care Transparency Initiative Act of 2023
624	669		shall not be construed to supersede, limit, amend, or abrogate any
625	670		data privacy or security law, rule, or policy.
626	671
627		-	SENATE FLOOR VERSION - HB1688 SFLR Page 13
628		-	(Bold face denotes Committee Amendments) 1
	672	+	Req. No. 2061 Page 14 1
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652	696
653	697		SECTION 7. NEW LAW A new section of law to be codified
654	698		in the Oklahoma Statutes as Section 1 -134.5 of Title 63, unless
655	699		there is created a duplication in numbering, read s as follows:
656	700		A. Except for state or federal a gencies that are submitting
657	701		entities, a submitting entity that fails to submit data as required
658	702		by the Oklahoma Health Care Transparency Initiative Act of 2023 or
659	703		the rules promulgated by the Oklahoma Health C are Authority Board
660	704		may be subject to a fine assessed by the Insurance Department.
661	705		B. The Insurance Commissioner shall adopt a schedule of fines
662	706		not to exceed One Thousand Dollars ($1,000.00) per day for each day
663	707		the violation occurs, to be determined by the severity of the
664	708		violation.
665	709		C. A fine assessed under this section may be remitted or
666	710		mitigated upon such terms and conditions as the Insurance
667	711		Commissioner considers proper and consistent with public health and
668	712		safety.
669	713		D. Of the proceeds from fines remitted under this section , the
670	714		Insurance Department shall retain a portion of such proceeds
671	715		necessary to cover the cost to the Department of admi nistering the
672	716		assessment and collection of such fines, and the Department shall
673	717		remit the remainder of the proceeds to the Oklahoma Health Care
674	718		Authority. The Authority may only use proceeds from fines assessed
675	719		under this section to fund operations of the Oklahoma Health Care
676	720		Transparency Initiative.
677	721
678		-	SENATE FLOOR VERSION - HB1688 SFLR Page 14
679		-	(Bold face denotes Committee Amendments) 1
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703	746
704	747		SECTION 8. AMENDATORY 51 O.S. 2021, Section 24A.3, as
705	748		amended by Section 1, Chapter 4 02, O.S.L. 2022 (51 O.S. Supp. 2022,
706	749		Section 24A.3), is amended to read as follows:
707	750		Section 24A.3 As used in the Oklahoma Open Records Act:
708	751		1. “Record” means all documents including, but not limited to,
709	752		any book, paper, photograph, microfilm, data files created by or
710	753		used with computer software, computer tape, disk, record, sound
711	754		recording, film recording, video record or other material regardless
712	755		of physical form or characteristic, created by, received by, under
713	756		the authority of, or coming into the custo dy, control or possession
714	757		of public officials, public bodies or their representatives in
715	758		connection with the transaction of public business, the expendit ure
716	759		of public funds or the administering of public property. “Record”
717	760		does not mean:
718	761		a. computer software,
719	762		b. nongovernment personal effects,
720	763		c. unless public disclosure is required by other laws or
721	764		regulations, vehicle movement records of the Oklahoma
722	765		Transportation Authority obtained in connection with
723	766		the Authority’s electronic toll collection system,
724	767		d. personal financial information, credit reports or
725	768		other financial data obtained by or submitted to a
726	769		public body for the purpose of evaluating credit
727	770		worthiness, obtaining a license, permit or for the
728	771
729		-	SENATE FLOOR VERSION - HB1688 SFLR Page 15
730		-	(Bold face denotes Committee Amendments) 1
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754	796
755	797		purpose of becoming qualified to contract with a
756	798		public body,
757	799		e. any digital audio/video recordings of the toll
758	800		collection and safeguarding activities of the Oklahoma
759	801		Transportation Authority,
760	802		f. any personal information provided by a guest at any
761	803		facility owned or operated by the Oklahoma Tourism and
762	804		Recreation Department to obtain any service at the
763	805		facility or by a purchaser of a product sold by or
764	806		through the Oklahoma Tourism and Recreation
765	807		Department,
766	808		g. a Department of Defense Form 214 (DD Form 214) filed
767	809		with a county clerk including any DD Form 214 fi led
768	810		before July 1, 2002,
769	811		h. except as provided for in Section 2 -110 of Title 47 of
770	812		the Oklahoma Statutes ,:
771	813		(1) any record in connection with a Motor Vehic le
772	814		Report issued by the Department of Public Safety,
773	815		as prescribed in Section 6 -117 of Title 47 of the
774	816		Oklahoma Statutes, or
775	817		(2) personal information within driver records, as
776	818		defined by the Driver ’s Privacy Protection Act,
777	819		18 United States Code, Sections 2721 through
778	820
779		-	SENATE FLOOR VERSION - HB1688 SFLR Page 16
780		-	(Bold face denotes Committee Amendments) 1
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783	824		4
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785	826		6
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789	830		10
790	831		11
791	832		12
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804	845
805	846		2725, which are stored and maintained by the
806	847		Department of Public Safety, or
807	848		i. any portion of any document or information provided to
808	849		an agency or entity of the state or a political
809	850		subdivision to obtain licensure under the laws of this
810	851		state or a political subdivision that contains an
811	852		applicant’s personal address, personal phone number,
812	853		personal electronic mail address or other contact
813	854		information. Provided, however, lists of persons
814	855		licensed, the existence of a license of a person, or a
815	856		business or commercial address, or other business or
816	857		commercial information disclosable under state law
817	858		submitted with an application for licensure shall be
818	859		public record, or
819	860		j. data or other information submitted to the state-
820	861		designated entity for health inf ormation exchange
821	862		under Section 1-133 of Title 63 of the Oklahoma
822	863		Statutes or under the Oklahoma Health Care
823	864		Transparency Initiative Act of 2023;
824	865		2. “Public body” shall include, but not be limited to, any
825	866		office, department, board, bureau, commission, agency, trusteeship,
826	867		authority, council, committee, trust or any entity created by a
827	868		trust, county, city, village, town, township, district, school
828	869		district, fair board, court, executive office, advisory group, task
829	870
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831		-	(Bold face denotes Committee Amendments) 1
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832	872		2
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835	875		5
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855	895
856	896		force, study group or any subdivision thereof, supported in whole or
857	897		in part by public funds or entrusted with the expenditure of public
858	898		funds or administering or operating public property, and all
859	899		committees, or subcommittees thereof. Except for the records
860	900		required by Section 24A.4 of this title, “public body” does not mean
861	901		judges, justices, the Council on Judicial Complaints, the
862	902		Legislature or legislators. “Public body” shall not include an
863	903		organization that is exempt from federal income tax under Section
864	904		501(c)(3) of the Internal Revenue Code of 1986, as amended, and
865	905		whose sole beneficiary is a college or university , or an affiliated
866	906		entity of the college or university, that is a member of The
867	907		Oklahoma State System of Higher Education. Such organization shall
868	908		not receive direct appropriations from the Oklahoma Legislature.
869	909		The following persons shall not be eligible to serve as a voting
870	910		member of the governing board of the organization:
871	911		a. a member, officer, or employee of the Oklahoma State
872	912		Regents for Higher Education,
873	913		b. a member of the board of regents or other governing
874	914		board of the college or university that is the sole
875	915		beneficiary of the organization, or
876	916		c. an officer or employee of the college or university
877	917		that is the sole beneficiary of the organization;
878	918		3. “Public office” means the physical location where public
879	919		bodies conduct business or keep records;
880	920
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895	934		14
896	935		15
897	936		16
898	937		17
899	938		18
900	939		19
901	940		20
902	941		21
903	942		22
904	943		23
905	944		24
906	945
907	946		4. “Public official” means any official or employee of any
908	947		public body as defined herein; and
909	948		5. “Law enforcement agency ” means any public body charged with
910	949		enforcing state or local criminal laws and initiating criminal
911	950		prosecutions including, but not limited to, police departments,
912	951		county sheriffs, the Department of Public Safety, the Oklahoma State
913	952		Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
914	953		Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
915	954		of Investigation.
916	955		SECTION 9. It being immediately necessary for the preservation
917	956		of the public peace, health or safety, an emergency is hereby
918	957		declared to exist, by reason whereof this act shall take effect and
919	958		be in full force from and after its passage and approval.
920		-	~~COMMITTEE REPORT BY: COMMITTEE ON AP PROPRIATIONS~~
921		-	~~April 12,~~ 2023 ~~- DO PASS AS AMENDED BY CS~~
	959	+
	960	+	59-1-2061 DC 4/6/2023 11:32:52 AM