Oklahoma has proposed revised regulations for its statewide health information exchange (HIE) that include an opt-out provision for healthcare providers. The changes were made following the rejection of a bill that mandated participation. The revisions address concerns about patient privacy and implementation, while also offering grants to mitigate costs for providers. The Oklahoma Health Care Authority remains committed to creating an integrated healthcare approach and improving outcomes through the HIE, without adverse effects on small businesses or public health and safety.
Following the rejection of Senate Bill 1369 by the Governor, revised regulations have been proposed, allowing healthcare providers to choose whether or not to participate in the statewide health information exchange (HIE).
Oklahoma’s efforts to establish a statewide HIE have encountered resistance. In response to concerns, the Oklahoma Health Care Authority Board (OHCA) has approved emergency regulations that give healthcare providers the option to opt-out.
Previously, the state board had unanimously passed Senate Bill 1369, which mandated the participation of all licensed healthcare providers in the HIE by July 1, 2023.
OHCA has been committed to establishing an HIE that enables the digital medical records of Oklahomans to be accessed by any healthcare provider in the state. Supporters believe that this exchange will promote collaboration among doctors in patient care and reduce unnecessary duplicate medical tests.
“Incorporating the HIE will significantly enhance public health, care coordination, records exchange, and address care fragmentation for providers,” stated Stephen Miller, CHCIO, the state coordinator for Health Information Exchange, in a public statement. “Through our partnership with MiHealth, the State Designed Entity for HIE operations, we are making progress towards realizing this vision.”
Despite these potential benefits, the initiative has faced opposition from both patients and providers. Critics have raised concerns about patient privacy, the implementation of the system, and communication surrounding its rollout.
Furthermore, on June 23, 2023, the Governor vetoed the proposed HIE regulations. The newly proposed emergency revisions aim to align the policy with feedback received from members, providers, and the Governor.
Significantly, these revisions grant providers the ability to request exemptions from the HIE Coordinator.
“OHCA appreciates the input of Oklahoma patients and providers in the development of these emergency regulations, which promote improved collaboration among healthcare providers while safeguarding patient privacy,” the agency stated in a public announcement. “OHCA remains committed to creating an integrated, comprehensive healthcare approach and enhancing health outcomes for Oklahomans through the HIE.”
The revised regulations also address the availability of grants intended to mitigate the costs often incurred by providers when establishing secure digital connections and maintaining data standards for the HIE. While connecting to and subscribing to the HIE carry costs for providers, these regulations do not introduce any new fees. It is expected that any expenses incurred will be balanced by the benefits of enhanced data sharing and potential improvements in patient care. Consequently, these rule changes are regarded as budget-neutral for the agency.
The agency maintains that the proposed regulations will not hurt small businesses or public health, safety, or the environment. Furthermore, the agency does not anticipate any negative effects on public health and safety if the rule changes are not implemented.
