In our recent McAfee & Taft Healthcare Industry Alert titled “July 1 deadline looms for healthcare provider compliance with OKSHINE,” we reported that the Oklahoma Health Care Authority’s proposed Oklahoma State Health Information Network Exchange (OKSHINE) regulations required all healthcare providers licensed and located in Oklahoma to begin reporting data and utilizing the MyHealth Access Network, Oklahoma’s state-designated health information exchange entity, by July 1, 2023. A key provision of the regulations allowed certain providers who met eligibility requirements to apply for an exemption. On June 23, 2023, Governor Stitt disapproved these proposed regulations, including OHCA’s criteria for evaluating provider applications for OKSHINE exemption status.

Provider requirements for OKSHINE exemption amended

In response to the Governor’s disapproval, 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, linked here.

Upon OHCA review, providers who have completed an Exemption Registration Form will receive notification of their OKSHINE exemption status from OHCA, which will renew annually unless the provider withdraws their exemption registration and elects to participate in the HIE.