Bill > SB423

This bill modifies existing Oklahoma law regarding access to medical records, aligning it more closely with federal regulations like the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It clarifies that patients or their representatives are entitled to access their medical records, including images and bills, as provided under federal rules, and specifies how information for deceased patients can be accessed. The bill authorizes healthcare providers and facilities to charge reasonable, cost-based fees for copying records, with specific limits on fees for requests from attorneys, insurance companies, and other third parties, including updated per-page charges for paper and electronic copies, and fees for certified records. It also sets a maximum charge for electronically stored and delivered records and for printed or electronically provided X-rays and images. Importantly, the bill makes it unlawful for "covered entities" (which have the same meaning as under HIPAA) to use or disclose "protected health information" (also as defined by HIPAA) except as authorized by HIPAA, with intentional violations subject to disciplinary action by licensing boards and potential court-ordered relief. The bill also excludes psychological, psychiatric, mental health, and substance abuse treatment records from these general provisions, directing access to those records through a different section of Oklahoma law, and exempts requests from the Disability Determination Division of the State Department of Rehabilitation Services, whose fees will be set by the Social Security Administration. Finally, the bill specifies an effective date of November 1, 2026.