Attorney General opinion determining that Oklahoma’s Health Information Exchange (HIE) does not violate article II, section 37 of the Oklahoma Constitution. Article II, section 37 provides, in pertinent part, that “[a] law or rule shall not compel, directly or indirectly, any . . . health care provider to participate in any health care system . . . .” OK Const. art. II, § 37(B)(1). Through exemptions afforded under Oklahoma law and an emergency administrative rule, participation in Oklahoma’s HIE is voluntary. Accordingly, there is no compulsion to participate in a health care system and, therefore, no violation of article II, section 37 of the Oklahoma Constitution.
Document:
ag_opinion_2023-11.pdf