Oklahoma 2024 Regular Session

Oklahoma House Bill HB3556 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3556 By: Kendrix, Maynard and Stark
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	3	+	SENATE FLOOR VERSION - HB3556 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2024
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 3556 By: Kendrix, Maynard, and Stark
4	35		of the House
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6	37		and
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8	39		Howard of the Senate
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16	43		An Act relating to public health and safety; amending
17	44		63 O.S. 2021, Section 1 -133, as amended by Section 2,
18	45		Chapter 250, O.S.L. 2022 (63 O.S. Supp. 202 3, Section
19	46		1-133), which relates to state -designated entity for
20	47		health information exchange; modifying mandatory
21	48		language; and providing an effective date.
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26		-	SUBJECT: Public health and safety
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28	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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30	54		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-133, as
31	55		amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 202 3,
32	56		Section 1-133), is amended to read as follows:
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34	57		Section 1-133. A. As used in this section:
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36	58		1. "Health information exchange" means the electronic movement
37	59		of health-related information among organizations according to
38	60		nationally recognized standards for purposes including, but not
39	61		limited to, payment, tre atment, and administration; and
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41	62		2. "Health information ex change organization" means an entity
42	63		whose primary business activity is health information exchange and
43	64		which is governed by its stakeholders.
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45	92		B. The State of Oklahoma:
46		-	ENR. H. B. NO. 3556 Page 2
47	93		1. Shall designate a health information exchange organization
48	94		as the state-designated entity for health information exchange;
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50	95		2. Shall establish a transition plan to ensure continued
51	96		operation of the health information exchange; and
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53	97		3. May temporarily serve as the state -designated entity as part
54	98		of the transition plan described in paragr aph 2 of this subsection.
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56	99		C. Beginning July 1, 2023, all health care providers as defined
57	100		by the rules promulgated by the Oklahoma Health Care Authority Board
58	101		and who are licensed by and located in this state shall may report
59	102		data to and utilize the state -designated entity. The Office of the
60	103		State Coordinator for Health Information Exchange may, as provided
61	104		by rules promulgated by the Board, allow exemptions from the
62	105		requirement provided by this su bsection on the basis of financial
63	106		hardship, size, or tech nological capability of a health care
64	107		provider or such other bases as may be provided by rules promulgated
65	108		by the Board.
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67	109		D. 1. A person who participates in the services or information
68	110		provided by the state -designated entity shall not be liable in any
69	111		action for damages or costs of any nature that result solely from
70	112		the person's use or failure to use information or data from the
71	113		state-designated entity that was entered or retrieved under relevant
72	114		state or federal privacy laws, rules, regulations, or polici es
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73	142		including, but not limited to, the Health Insurance Portability and
74	143		Accountability Act of 1996.
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76	144		2. A person shall not be subject to antitrust or unfair
77	145		competition liability based on participation with the state -
78	146		designated entity as long as the partici pation provides an essential
79	147		governmental function for the public health and safety and enjoys
80	148		state action immunity.
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82	149		E. A person who provides information and data to the state -
83	150		designated entity re tains a property right in the information or
84	151		data, but grants to the other participants or subscribers a
85	152		nonexclusive license to retrieve and use that information or data
86	153		under relevant state or federal privacy laws, rules, regulations, or
87	154		policies including, but not limited to, the Health Insurance
88	155		Portability and Accountability Act of 1996.
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90	156		F. Patient-specific protected health information shall only be
91		-	disclosed in compliance with relevant state or federal privacy laws, ~~ENR. H. B. NO. 3556 Page 3~~
	157	+	disclosed in compliance with relevant state or federal privacy laws,
92	158		rules, regulations, or policies in cluding, but not limited to, the
93	159		Health Insurance Portabil ity and Accountability Act of 1996.
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95	160		G. The Oklahoma Health Care Authority Board shall promulgate
96	161		rules to implement the provisions of this section.
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98	162		SECTION 2. This act shall become effective November 1, 2024.
99		-	ENR. H. B. NO. 3556 Page 4
100		-	Passed the House of Representatives the 7th day of March, 2024.
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105		-	Presiding Officer of the House
106		-	of Representatives
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109		-	Passed the Senate the 25th day of April, 2024.
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114		-	Presiding Officer of the Senate
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117		-	OFFICE OF THE GOVERNOR
118		-	Received by the Office of the Governor this ____________________
119		-	day of ___________________, 20_______, at _______ o'clock _______ M.
120		-	By: _________________________________
121		-	Approved by the Governor of the State of Oklahoma this _____ ____
122		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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125		-	_________________________________
126		-	Governor of the State of Oklahoma
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128		-	OFFICE OF THE SECRETARY OF STATE
129		-	Received by the Office of the Secretary of State this __________
130		-	day of ___________________, 20_______, at _______ o'cl ock _______ M.
131		-	By: _________________________________
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	163	+	COMMITTEE REPORT BY: COMMITTE E ON HEALTH AND HUMAN SERVICES
	164	+	April 11, 2024 - DO PASS