RESOLUTION OF THE CHAOS SURROUNDING HIE PROPOSED RULES: HIE EXEMPTIONS AVAILABLE FOR ALL BUT PROVIDERS MUST APPLY

I have spoken with so many of my clients and colleagues this summer about the HIE statutes, rules and the machinations of the legislature. According to the proposed rules all licensed providers were required to show a good faith effort to join the MyHealth Access Network, the state’s designated Health Information Exchange by July 1, 2023. However, at issue has been a provision allowing exemption of some providers which was less that clear and hotly contested particularly by behavioral health providers. The Governor disapproved those rules on June 23, 2023.

OHCA drafted revised OKSHINE emergency rules, which were approved on July 17, 2023. These emergency rules now establish that, instead of applying for exemption from OKSHINE transmission and utilization requirements, “[a]ll providers that register [for] an exemption shall be granted such exemption and shall not be subject to pay subscription fees and/or connection fees.” Therefore, any healthcare providers who desire OKSHINE exemption status will automatically receive such an exemption after completing OHCA’s OKSHINE Exemption Registration Form. The form may be accessed at this link.

OHCA staff will review submitted forms, and then notify those providers of their OKSHINE exemption status. According to the language of the rule, “[t]he exemption will automatically renew annually unless the provider withdraws their exemption and elects to participate.”