Okla. Stat. tit. 63, § 63-1-133: State-designated entity for health information exchange

– Data exchange by health care providers.

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 may 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 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 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 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. A person who provides information and data to 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 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.