HEALTH INFORMATION
2022 Okla. Sess. Law Serv. Ch. 250 (S.B. 1369) (WEST)
2022 Okla. Sess. Law Serv. Ch. 250 (S.B. 1369) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 250
S.B. No. 1369
HEALTH INFORMATION
An Act relating to health insurance; creating the State Coordinator for Health Information Exchange; providing for powers and duties; providing for appointment of State Coordinator; providing for service at pleasure of appointing authority; amending 63 O.S. 2021, Section 1–133, which relates to definitions; modifying definitions; providing for health information exchange; providing for transition plan; providing for designation as certain entity; modifying provisions related to health information exchange; requiring data reporting; authorizing exemptions; modifying provisions related to certain civil liabilities; modifying provisions related to certain property rights; modifying provisions related to software and processes; modifying provisions related to patient authorization; providing for codification; providing an effective date; 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 1–132.1 of Title 63, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 63 § 1–132.1 >>
A. There is hereby created the Office of the State Coordinator for Health Information Exchange within the Oklahoma Health Care Authority.
B. The Office shall have the power and duty to oversee the state-designated entity for health information exchange, as described under Section 1–133 of Title 63 of the Oklahoma Statutes.
C. The Office shall consist of the State Coordinator for Health Information Exchange, who shall be appointed by and serve at the pleasure of the Administrator of the Authority, and such other employees of the Authority as the Administrator may assign to the Office.
<< OK ST T. 63 § 1–133 >>
SECTION 2. AMENDATORY 63 O.S. 2021, 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, treatment, and administration; and
2. “Health information exchange organization” means an entity whose primary business activity is health information exchange; and which is governed by its stakeholders.
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 paragraph 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 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 subsection on the basis of financial hardship, size, or technological 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 OKSHINE or an OKHIE 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 either an OKHIE or OKSHINE information or data from the state-designated entity that was entered or retrieved 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.
2. A person shall not be subject to antitrust or unfair competition liability based on participation in OKSHINE or an OKHIE with the state-designated entity as long as the participation provides an essential governmental function for the public health and safety and enjoys state action immunity.
E. 1. A person who provides information and data to OKSHINE the state-designated entity retains 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 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 Act of 1996.
G. The Oklahoma Health Care Authority Board shall promulgate rules to implement the provisions of this section.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. 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.
Approved May 11, 2022.
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