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SENATE FLOOR VERSION
April 11, 2024
ENGROSSED HOUSE
BILL NO. 3556 By: Kendrix, Maynard, and Stark
of the House
and
Howard of the Senate
An Act relating to public health and safety; amending
63 O.S. 2021, Section 1 -133, as amended by Section 2,
Chapter 250, O.S.L. 2022 (63 O.S. Supp. 202 3, Section
1-133), which relates to state -designated entity for
health information exchange; modifying mandatory
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-133, as
amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 202 3,
Section 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 according to
nationally recognized standards for purposes including, but not
limited to, payment, tre atment, and administration; and
2. "Health information ex change organization" means an entity
whose primary business activity is health information exchange and
which is governed by its stakeholders.
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B. The State of Oklahoma:
1. Shall designate a health information exchange organization
as the state-designated entity for health information exchange;
2. Shall establish a transition plan to ensure continued
operation of the health information exchange; and
3. May temporarily serve as the state -designated entity as part
of the transition plan described in paragr aph 2 of this subsection.
C. Beginning July 1, 2023, all health care providers as defined
by the rules promulgated by the Oklahoma Health Care Authority Board
and who are licensed by and located in this state shall may report
data to and utilize the state -designated entity. The Office of the
State Coordinator for Health Information Exchange may, as provided
by rules promulgated by the Board, allow exemptions from the
requirement provided by this su bsection on the basis of financial
hardship, size, or tech nological capability of a health care
provider or such other bases as may be provided by rules promulgated
by the Board.
D. 1. A person who participates in the services or information
provided by 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 information or data from the
state-designated entity that was entered or retrieved under relevant
state or federal privacy laws, rules, regulations, or polici es
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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 with the state -
designated entity as long as the partici pation provides an essential
governmental function for the public health and safety and enjoys
state action immunity.
E. A person who provides information and data to the state -
designated entity re tains 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.
F. Patient-specific protected health information shall only be
disclosed in compliance with relevant state or federal privacy laws,
rules, regulations, or policies in cluding, but not limited to, the
Health Insurance Portabil ity and Accountability Act of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate
rules to implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTE E ON HEALTH AND HUMAN SERVICES
April 11, 2024 - DO PASS