Okla. Admin. Code § 317:30-3-35 - [Effective 9/14/2024] Oklahoma State Health Information Network and Exchange (OKSHINE)
(a)
Authority. This rule is promulgated under the authority granted in
Title 63 of the Oklahoma Statutes Section 1-133 (63 O.S. § 1-133). This
Section is intended to be read in conjunction with applicable Oklahoma statutes
and federal law.
(b)
Applicability and purpose.
(1)
Applicability. This section shall apply to and govern the
establishment and operation of the statewide health information exchange (HIE),
herein referred to as OKSHINE.
(2)
Purpose. OKSHINE is the state-designated organization that
facilitates the exchange of health information to and from authorized
individuals and health care organizations in the state for the purpose of
improving health outcomes, as per 63 O.S. § 1-133.
(c)
Definitions. The following
words and terms, when used in this section, shall have the following meaning,
unless the context clearly indicates otherwise:
(1)
OKSHINE means an
organization that oversees, governs, and facilitates health information
exchange among health care providers that are not related health care
organizations as defined in the Oklahoma Statutes, to improve the security of
patient information, coordination of patient care, and the efficiency of health
care delivery.
(2)
Participant means an organization, health care practitioner or
institution, health plan, or health care clearinghouse who has executed a
written participation agreement (PA) and business associate agreement (BAA)
with OKSHINE.
(3)
Participant
agreement means the agreement between OKSHINE and a participant which
authorizes the participant to have access to OKSHINE and outlines the policies
and procedures for access, protection, and use of the electronic protected
health information.
(4)
Oklahoma Statewide Health Information Exchange (OKHIE) means a
certified HIE as referenced in 63 O.S. § 1-133 whose primary business
activity is health information exchange.
(d)
OKHIE Certification. Per 63
O.S. § 1-133, an initial certification and an annual recertification will
be required for health information exchanges to qualify as an OKHIE. In order
to receive certification, the applying HIE must submit an application to the
Oklahoma Health Care Authority (OHCA) and provide all requested documentation.
The application and standards for certification shall be posted on the OHCA
OKSHINE public website.
(1) The OHCA shall
establish a health information exchange certification with input from
stakeholders.
(2) Until such time
as the health information exchange certification is established by the OHCA, an
OKSHINE or an HIE organization that was previously certified by the Oklahoma
Health Information Exchange Trust (OHIET) shall be deemed an OKHIE.
(3) An HIE must provide documentation of
certification from OHIET to OHCA in order to receive initial OKHIE
certification.
(e)
Fees.
(1)
Certification
fees. Each health information exchange which applies for certification,
will be required to pay annual certification/recertification fees. The OHCA
will develop the certification criteria and will publish the criteria and
associated fees, when available, on the OHCA OKSHINE public website.
(2)
Participant fees. Each
participant, as defined in this section, will be required to pay an annual
participation fee as outlined in the participant agreement. The OHCA will
develop the criteria for the fees and will publish the criteria when available.
The participant agreement and fee schedule will be posted on the OHCA OKSHINE
public website.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) Authority. This rule is promulgated under the authority granted in Title 63 of the Oklahoma Statutes Section 1-133 (63 O.S. § 1-133). This Section is intended to be read in conjunction with applicable Oklahoma statutes and federal law.
(b) Applicability and purpose.
(1) Applicability. This section shall apply to and govern the establishment and operation of the statewide health information exchange (HIE), herein referred to as OKSHINE.
(2) Purpose. OKSHINE is the state-designated organization that facilitates the exchange of health information to and from authorized individuals and health care organizations in the state for the purpose of improving health outcomes, as per 63 O.S. § 1-133.
(c) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise:
(1) OKSHINE means an organization that oversees, governs, and facilitates health information exchange among health care providers that are not related health care organizations as defined in the Oklahoma Statutes, to improve the security of patient information, coordination of patient care, and the efficiency of health care delivery.
(2) Participant means an organization, health care practitioner or institution, health plan, or health care clearinghouse who has executed a written participation agreement (PA) and business associate agreement (BAA) with OKSHINE.
(3) Participant agreement means the agreement between OKSHINE and a participant which authorizes the participant to have access to OKSHINE and outlines the policies and procedures for access, protection, and use of the electronic protected health information.
(4) Oklahoma Statewide Health Information Exchange (OKHIE) means a certified HIE as referenced in 63 O.S. § 1-133 whose primary business activity is health information exchange.
(d) OKHIE Certification. Per 63 O.S. § 1-133, an initial certification and an annual recertification will be required for health information exchanges to qualify as an OKHIE. In order to receive certification, the applying HIE must submit an application to the Oklahoma Health Care Authority (OHCA ) and provide all requested documentation. The application and standards for certification shall be posted on the OHCA OKSHINE public website.
(1) The OHCA shall establish a health information exchange certification with input from stakeholders.
(2) Until such time as the health information exchange certification is established by the OHCA , an OKSHINE or an HIE organization that was previously certified by the Oklahoma Health Information Exchange Trust (OHIET) shall be deemed an OKHIE.
(3) An HIE must provide documentation of certification from OHIET to OHCA in order to receive initial OKHIE certification.
(e) Fees.
(1) Certification fees. Each health information exchange which applies for certification, will be required to pay annual certification/recertification fees. The OHCA will develop the certification criteria and will publish the criteria and associated fees, when available, on the OHCA OKSHINE public website.
(2) Participant fees. Each participant, as defined in this section, will be required to pay an annual participation fee as outlined in the participant agreement. The OHCA will develop the criteria for the fees and will publish the criteria when available. The participant agreement and fee schedule will be posted on the OHCA OKSHINE public website.