1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3556 By: Kendrix
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6 AS INTRODUCED
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7 An Act relating to public health and safety; amending
7 63 O.S. 2021, Section 1-133, as amended by Section 2,
8 Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022, Section
8 1-133), which relates to state-designated entity for
9 health information exchange; modifying mandatory
9 language; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-133, as
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14 amended by Section 2, Chapter 250, O.S.L. 2022 (63 O.S. Supp. 2022,
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15 Section 1-133), is amended to read as follows:
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16 Section 1-133. A. As used in this section:
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17 1. "Health information exchange" means the electronic movement
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18 of health-related information among organizations according to
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19 nationally recognized standards for purposes including, but not
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20 limited to, payment, treatment, and administration; and
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21 2. "Health information exchange organization" means an entity
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22 whose primary business activity is health information exchange and
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23 which is governed by its stakeholders.
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24 B. The State of Oklahoma:
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 1 1. Shall designate a health information exchange organization
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2 as the state-designated entity for health information exchange;
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3 2. Shall establish a transition plan to ensure continued
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4 operation of the health information exchange; and
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5 3. May temporarily serve as the state-designated entity as part
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6 of the transition plan described in paragraph 2 of this subsection.
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7 C. Beginning July 1, 2023, all health care providers as defined
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8 by the rules promulgated by the Oklahoma Health Care Authority Board
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9 and who are licensed by and located in this state shall may report
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10 data to and utilize the state-designated entity. The Office of the
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11 State Coordinator for Health Information Exchange may, as provided
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12 by rules promulgated by the Board, allow exemptions from the
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13 requirement provided by this subsection on the basis of financial
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14 hardship, size, or technological capability of a health care
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15 provider or such other bases as may be provided by rules promulgated
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16 by the Board.
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17 D. 1. A person who participates in the services or information
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18 provided by the state-designated entity shall not be liable in any
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19 action for damages or costs of any nature that result solely from
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20 the person's use or failure to use information or data from the
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21 state-designated entity that was entered or retrieved under relevant
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22 state or federal privacy laws, rules, regulations, or policies
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23 including, but not limited to, the Health Insurance Portability and
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24 Accountability Act of 1996.
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 1 2. A person shall not be subject to antitrust or unfair
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2 competition liability based on participation with the state-
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3 designated entity as long as the participation provides an essential
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4 governmental function for the public health and safety and enjoys
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5 state action immunity.
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6 E. A person who provides information and data to the state-
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7 designated entity retains a property right in the information or
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8 data, but grants to the other participants or subscribers a
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9 nonexclusive license to retrieve and use that information or data
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10 under relevant state or federal privacy laws, rules, regulations, or
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11 policies including, but not limited to, the Health Insurance
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12 Portability and Accountability Act of 1996.
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13 F. Patient-specific protected health information shall only be
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14 disclosed in compliance with relevant state or federal privacy laws,
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15 rules, regulations, or policies including, but not limited to, the
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16 Health Insurance Portability and Accountability Act of 1996.
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17 G. The Oklahoma Health Care Authority Board shall promulgate
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18 rules to implement the provisions of this section.
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19 SECTION 2. This act shall become effective November 1, 2024.
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21 59-2-8411 TJ 01/11/24
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