1| SENATE FLOOR VERSION | | April 11, 2024 | 2| | | | 3|ENGROSSED HOUSE | |BILL NO. 3556 By: Kendrix, Maynard, and Stark | 4| of the House | | | 5| and | | | 6| Howard of the Senate | | | 7| | | | 8| An Act relating to public health and safety; amending | | 63 O.S. 2021, Section 1-133, as amended by Section 2, | 9| Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2023, Section | | 1-133), which relates to state-designated entity for | 10| health information exchange; modifying mandatory | | language; and providing an effective date. | 11| | | | 12| | | | 13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 14| SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-133, as | | | 15|amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2023, | | | 16|Section 1-133), is amended to read as follows: | | | 17| Section 1-133. A. As used in this section: | | | 18| 1. "Health information exchange" means the electronic movement | | | 19|of health-related information among organizations according to | | | 20|nationally recognized standards for purposes including, but not | | | 21|limited to, payment, treatment, and administration; and | | | 22| 2. "Health information exchange organization" means an entity | | | 23|whose primary business activity is health information exchange and | | | 24|which is governed by its stakeholders. | | | arsid6124877 SENATE FLOOR VERSION - HB3556 SFLR Page 1 ___________________________________________________________________________
1| B. The State of Oklahoma: | | | 2| 1. Shall designate a health information exchange organization | | | 3|as the state-designated entity for health information exchange; | | | 4| 2. Shall establish a transition plan to ensure continued | | | 5|operation of the health information exchange; and | | | 6| 3. May temporarily serve as the state-designated entity as part | | | 7|of the transition plan described in paragraph 2 of this subsection. | | | 8| C. Beginning July 1, 2023, all health care providers as defined | | | 9|by the rules promulgated by the Oklahoma Health Care Authority Board | | | 10|and who are licensed by and located in this stateshallmay report | | | 11|data to and utilize the state-designated entity. The Office of the | | | 12|State Coordinator for Health Information Exchange may, as provided | | | 13|by rules promulgated by the Board, allow exemptions from the | | | 14|requirement provided by this subsection on the basis of financial | | | 15|hardship, size, or technological capability of a health care | | | 16|provider or such other bases as may be provided by rules promulgated | | | 17|by the Board. | | | 18| D. 1. A person who participates in the services or information | | | 19|provided by the state-designated entity shall not be liable in any | | | 20|action for damages or costs of any nature that result solely from | | | 21|the person's use or failure to use information or data from the | | | 22|state-designated entity that was entered or retrieved under relevant | | | 23|state or federal privacy laws, rules, regulations, or policies | | | 24| | | | arsid6124877 SENATE FLOOR VERSION - HB3556 SFLR Page 2 ___________________________________________________________________________
1|including, but not limited to, the Health Insurance Portability and | | | 2|Accountability Act of 1996. | | | 3| 2. A person shall not be subject to antitrust or unfair | | | 4|competition liability based on participation with the | | | 5|state-designated entity as long as the participation provides an | | | 6|essential governmental function for the public health and safety and | | | 7|enjoys state action immunity. | | | 8| E. A person who provides information and data to the | | | 9|state-designated entity retains a property right in the information | | | 10|or data, but grants to the other participants or subscribers a | | | 11|nonexclusive license to retrieve and use that information or data | | | 12|under relevant state or federal privacy laws, rules, regulations, or | | | 13|policies including, but not limited to, the Health Insurance | | | 14|Portability and Accountability Act of 1996. | | | 15| F. Patient-specific protected health information shall only be | | | 16|disclosed in compliance with relevant state or federal privacy laws, | | | 17|rules, regulations, or policies including, but not limited to, the | | | 18|Health Insurance Portability and Accountability Act of 1996. | | | 19| G. The Oklahoma Health Care Authority Board shall promulgate | | | 20|rules to implement the provisions of this section. | | | 21| SECTION 2. This act shall become effective November 1, 2024. | | | 22|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES | |April 11, 2024 - DO PASS | 23| | | | 24| | | | arsid6124877 SENATE FLOOR VERSION - HB3556 SFLR Page 3