HEALTH CARE INFORMATION

2022 Okla. Sess. Law Serv. Ch. 157 (S.B. 1398) (WEST)

2022 Okla. Sess. Law Serv. Ch. 157 (S.B. 1398) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
Additions are indicated by Text; deletions by
Text.
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stricken material by Text .
CHAPTER 157
S.B. No. 1398
HEALTH CARE INFORMATION
An Act relating to public health; amending 63 O.S. 2021, Section 1–119, which relates to collection of health care data; amending 63 O.S. 2021, Section 1–120, which relates to confidentiality of data; deleting requirements relating to the Health Care Information Advisory Committee; repealing 63 O.S. 2021, Section 1–122, which relates to the Health Care Information Advisory Committee; updating statutory reference; and providing an effective date.
SUBJECT: Health care information
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 63 § 1–119 >>
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1–119, is amended to read as follows:
Section 1–119. A. 1. The Division of Health Care Information within the State Department of Health shall, with the advice of the Health Care Information Advisory Committee and in accordance with the rules of the State Board Commissioner of Health, collect health care information from information providers.
2. The information to be collected about information providers may include, but shall not be limited to:
a. financial information including, but not limited to, consumption of resources to provide services, reimbursement, costs of operation, revenues, assets, liabilities, fund balances, other income, rates, charges, units of service, wage and salary data,
b. service information including, but not limited to, occupancy, capacity, and special and ancillary services,
c. physician profiles in the aggregate by clinical specialties and nursing services,
d. discharge data including, but not limited to, completed discharge data sets or comparable information for each patient discharged from the facility after the effective date of this act, and
e. ambulatory care data including, but not limited to, provider-specific and encounter data.
3. The Division shall implement a demonstration project for the voluntary submission of ambulatory care data, including, but not limited to, submissions from federally qualified health centers, migrant health programs and rural health clinics as defined in Title 3 of the Federal Public Health Service Act (PL 104–299), and the Oklahoma Health Care Authority. The Division shall complete the demonstration project by January 1, 2002.
4. The Division shall establish a phase-in schedule for the collection of health care data. The phase-in schedule shall provide that prior to January 1, 1994, only data currently collected shall be required to be submitted to the Division. Thereafter, in the collection of health care data, the Division shall whenever possible utilize existing health data resources and avoid duplication in the collection of health care data.
5. Except as provided by Section 1–120 of this title and as otherwise authorized by the provisions of the Oklahoma Health Care Information System Act, the provisions of the Oklahoma Health Care Information System Act shall not be construed to lessen or reduce the responsibility of the information provider with regard to:
a. the accuracy of the data or information submitted,
b. liability for release of the data or information to the Division, data processor or as otherwise authorized by this section, or
c. the preservation of confidentiality of such data or information until submitted to the Division.
B. Upon the request of the State Department of Health, every state agency, board or commission shall provide the Division of Health Care Information with the health care data and other health care information requested at no charge to the Department or the Division. Except as otherwise provided by the Health Care Information System Act for the purpose of statistical and similar reports, information which is required by state or federal law to be confidential shall not be transferred to any entity by the Division unless a separate written agreement for such transfer has been executed with the state agency, board or commission providing the information to the Division.
<< OK ST T. 63 § 1–120 >>
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1–120, is amended to read as follows:
Section 1–120. A. Except as otherwise provided by Section 1–119 of this title, the individual forms, computer tapes, or other forms of data collected by and furnished to the Division of Health Care Information or to a data processor pursuant to the Oklahoma Health Care Information System Act shall be confidential and shall not be public records as defined in the Oklahoma Open Records Act.
B. After approval by the State Department of Health, the compilations prepared for release or dissemination from the data collected, except for a report prepared at the request of an individual data provider containing information concerning only its transactions, shall be public records. The Division shall establish a Health Care Information Advisory Committee as provided in Section 1–122 of this title, to assist with determinations related to data collection, and information to be released and disseminated to the public.
C. The confidentiality of identifying information is to be protected and the pertinent statutes, rules and regulations of the State of Oklahoma this state and of the federal government relative to confidentiality shall apply.
D. Identifying information shall not be disclosed, and shall not be used for any purpose except for the creation and maintenance of anonymous medical case histories for statistical reporting and data analysis.
E. The Division or other state agency receiving information pursuant to the Oklahoma Health Care Information System Act shall be subject to the same confidentiality restrictions imposed by state or federal law as the public or private agency providing the information and is prohibited from taking any administrative, investigative or other action with respect to any individual on the basis of the identifying information. The Division data analyzer or other state agency receiving information pursuant to the Oklahoma Health Care Information System Act is further prohibited from identifying, directly or indirectly, any individual in any report of scientific research or long-term evaluation, or otherwise disclosing identities in any manner.
F. Except as otherwise authorized by the Oklahoma Health Care Information System Act, identifying information submitted to the Division which would directly or indirectly identify any person shall not be disclosed by the Division either voluntarily or in response to any legal process, unless directed to by a court of competent jurisdiction, granted after application showing good cause therefor with notice of the hearing to the Division. In assessing good cause the court shall only grant such application if it seeks to challenge the statistical efficacy of a finding made by the Division or alleges a violation of confidentiality by the Division. Such application shall then be granted only when the public interest and the need for disclosure outweighs the injury to the person, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.
G. Any person who submits or receives data as required or authorized by the Oklahoma Health Care Information System Act shall be immune from liability in any civil action for any action taken as required by the provisions of the Oklahoma Health Care Information System Act. This immunity is in addition to any other immunity for the same or similar acts to which the person is otherwise entitled.
H. Any person who violates the confidentiality provisions of this section shall be punishable by a fine of Five Thousand Dollars ($5,000.00).
<< Repealed: OK ST T. 63 § 1–122 >>
SECTION 3. REPEALER 63 O.S. 2021, Section 1–122, is hereby repealed.
SECTION 4. This act shall become effective November 1, 2022.
Approved May 2, 2022.
End of Document