Lawsuit over Oklahoma's health information exchange going to trial in February
Just days after an Oklahoma County judge heard arguments in a lawsuit against the Oklahoma Health Care Authority and its health information exchange, the judge dismissed three of the plaintiffs' claims but kept the case alive for trial in February.
In October the state’s largest police union and four physicians filed a lawsuit in Oklahoma County asking the district court to declare the Oklahoma Health Care Authority’s health information exchange unconstitutional. The lawsuit also sought a temporary injunction to stop the transfer of any medical information until a court can decide the fate of the information exchange.
What to know about the ruling
On Nov. 21, District Judge Anthony Bonner shot down three of the plaintiffs' arguments but offered the plaintiffs an additional 20 days to amend their petition for the third claim.
In his ruling, Bonner dismissed the claim that the health information exchange statute violated the Oklahoma Constitution. He said that was because all health care providers that registered an exemption would be granted one and because health care providers can opt out of accepting Medicaid and Medicare.
“Medical providers are not compelled to participate in the HIE directly or indirectly," the judge wrote.
Bonner also ruled the fee levied against those medical providers who joined the exchange was not a tax. “This court finds that the subscription and connection fee is not a tax with the intention of revenue raising purposes, but is assessed primarily for regulatory purposes,” the judge wrote.
In addition, Bonner dismissed the police union — as a whole — as plaintiffs in the case. Bonner wrote that the FOP failed to credibly allege a realistic threat where there is actual or imminent injury.
“As such, based on the averment in the petition, plaintiff FOP has failed to demonstrate standing,” the judge wrote. However, Bonner did give the organization the opportunity to amend its petition to name individual officers as plaintiffs.
Robert McCampbell, the attorney representing the Oklahoma Health Care Authority, said the state was pleased by the judge's ruling.
“We are obviously pleased that we were successful on the three motions we filed, and we will look forward to addressing the remaining issues in the next hearing in this case," McCampbell said.
Bob Burke, an attorney for the plaintiffs, called the ruling a good news/bad news thing.
“It wasn’t unexpected on those two issues,” Burke said. “What is really good is the judge allowed five issues to go forwarded and those five will be presented in a trial. We look forward to presenting witnesses who will back up our claims that HIE is an invasion of privacy of the highest order.”
The case has been set for a Feb. 12 trial.
This article originally appeared on Oklahoman: Oklahoma health information rechange lawsuit going to trial
