HEALTH INFORMATION EXCHANGE

Enrolled SB 272
LAWS OF ALASKA

2026

Source Chapter No.
HCS SB 272(HSS) _______

AN ACT

Relating to the electronic health information exchange system; and providing for an effective
date.

_______________

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

THE ACT FOLLOWS ON PAGE 1

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AN ACT

Relating to the electronic health information exchange system; and providing for an effective 1
date. 2
_______________ 3
* Section 1. AS 18.23.300(a) is amended to read: 4
(a) The department shall establish and implement a statewide electronic health 5
information exchange system and ensure the interoperability and compliance of the 6
system with state and federal specifications and protocols for exchanging health 7
records and related data. 8
* Sec. 2. AS 18.23.300(b) is repealed and reenacted to read: 9
(b) The commissioner shall designate a qualified entity or combination of 10
qualified entities in the state to perform the tasks described in this subsection. The 11
designee must have an advisory or governing body made up of health system 12
stakeholders that include members identified under (d) of this section. The designee 13
shall 14

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(1) develop a statewide program to support the system connecting 1
electronic health records to the health information exchange infrastructure, including 2
(A) support for installation and training on the use of the 3
system; 4
(B) a plan to encourage eligible participants to use electronic 5
exchange of records over a sustained period; 6
(C) support to system participants for workflow redesign and 7
quality improvement; 8
(D) a plan to provide for participation by all identified 9
stakeholders in the planning and implementation of the system; 10
(E) measures for periodic evaluation and improvement of the 11
system; 12
(F) oversight and technical assistance needed for planning and 13
implementing the system; 14
(2) submit an annual budget for the program described in (1) of this 15
subsection for approval to the designee's governing body; 16
(3) comply with state nondiscrimination and conflict of interest 17
policies; 18
(4) comply with federal and state health information privacy laws, 19
policies, and standards applicable to the exchange of individually identifiable 20
information to ensure the privacy and security of the information that is part of the 21
system; 22
(5) provide an estimate of costs of the hardware, software, services, 23
and support needed to implement and maintain the technical infrastructure of the 24
system; and 25
(6) provide cost and cost saving data associated with the development 26
and use of the system to the department. 27
* Sec. 3. AS 18.23.300(c) is amended to read: 28
(c) The department and the designee may [ENTER INTO CONTRACTS,] 29
seek and accept available public [FEDERAL] and private funds and equipment. The 30
department may enter into contracts [,] and adopt regulations necessary to carry out 31

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the purposes of this section. 1
* Sec. 4. AS 18.23.300(d) is amended to read: 2
(d) The designee [UNDER (b)(1)(A) OF THIS SECTION] may be a private 3
for-profit or nonprofit entity or entities under contract with the state. The advisory or 4
governing body of the designee must include 5
(1) the commissioner; 6
(2) nine [EIGHT] other individuals, each of whom represents one of 7
the following interests: 8
(A) hospitals and nursing home facilities; 9
(B) private medical care providers; 10
(C) community-based primary care providers; 11
(D) federal health care providers; 12
(E) Alaska tribal health organizations; 13
(F) health insurers; 14
(G) health care consumers; 15
(H) employers or businesses; 16
(I) behavioral health providers; and 17
(3) a [TWO] nonvoting liaison member [MEMBERS] who shall serve 18
to enhance communication and collaboration between the designee and [BOTH] the 19
Board of Regents of the University of Alaska; and 20
(4) at least one nonvoting liaison member chosen by the governing 21
body to represent other stakeholders and community interest related to the 22
system [THE COMMISSION ESTABLISHED IN THE GOVERNOR'S OFFICE TO 23
REVIEW HEALTH CARE POLICY]. 24
* Sec. 5. AS 18.23.305 is amended to read: 25
Sec. 18.23.305. Department; duties. In carrying out its duties under 26
AS 18.23.300, the department shall 27
(1) in accordance with federal recommendations and in consultation 28
with the designee, determine the manner in which the system is developed and 29
operated; 30
(2) [PROVIDE OVERSIGHT AND TECHNICAL ASSISTANCE 31

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NEEDED FOR PLANNING AND IMPLEMENTING THE SYSTEM; 1
(3) AUTHORIZE AND] facilitate applications for any [AVAILABLE 2
FEDERAL] funding available for planning and implementing the system; 3
(3) [(4) ENSURE COMPLIANCE WITH APPLICABLE FEDERAL 4
AND STATE HEALTH INFORMATION POLICIES AND STANDARDS; 5
(5) ENSURE COMPLIANCE WITH FEDERAL AND STATE LAW 6
AND STANDARDS THAT SAFEGUARD THE PRIVACY AND SECURITY OF 7
HEALTH INFORMATION; 8
(6)] ensure that the [HEALTH INFORMATION EXCHANGE] system 9
becomes self-sustaining through a combination of user fees, which may include user 10
fees charged to the department or other government entities, and other private and 11
public funding sources. 12
* Sec. 6. AS 18.23.310 is amended to read: 13
Sec. 18.23.310. Confidentiality and security of information. (a) The 14
department shall ensure the designee establishes [ESTABLISH] appropriate privacy 15
and security standards to protect the disclosure, transmission, and receipt of 16
individually identifiable information contained in the system established under 17
AS 18.23.300. The standards must 18
(1) include controls over access to and collection, organization, and 19
maintenance of records and data that protect the confidentiality of the individual who 20
is the subject of the [A HEALTH] record in accordance with applicable state and 21
federal law; 22
(2) include a secure and traceable electronic audit system for 23
identifying access points and trails; 24
(3) meet the most stringent applicable federal or state privacy law 25
governing the protection of the information contained in the system. 26
(b) A person may not release or publish individually identifying [HEALTH] 27
information from the system except for the following purposes: 28
(1) treatment of a patient who is the subject of the information; 29
(2) to facilitate payment for services received by a patient who is 30
the subject of the information; 31

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(3) limited health care operations of a participant; 1
(4) public health activities; or 2
(5) uses or disclosures authorized by the individual who is the 3
subject of the information [FOR PURPOSES UNRELATED TO THE 4
TREATMENT OR BILLING OF THE PATIENT WHO IS THE SUBJECT OF THE 5
INFORMATION. USE OR DISTRIBUTION OF THE INFORMATION FOR A 6
MARKETING PURPOSE IS STRICTLY PROHIBITED]. 7
(c) The designee [DEPARTMENT] shall establish procedures for a patient 8
who is the subject of a health record contained in the system 9
(1) to opt out of the system; 10
(2) to authorize [CONSENT TO] the distribution of the patient's 11
records contained in the system, if additional authorization is necessary under 12
applicable privacy and security laws; 13
(3) to be notified of a violation of the confidentiality provisions 14
required under this section; 15
(4) on request to the designee [DEPARTMENT], to view an audit 16
report created under this section for the purpose of monitoring access to the patient's 17
records. 18
* Sec. 7. AS 18.23.315 is amended to read: 19
Sec. 18.23.315. Health information exchange system report to the 20
legislature. The department shall provide to the legislature, on or before December 31 21
of each year, an annual report on the progress of the health information exchange 22
system in the state, including rates of participation by providers in the system, the 23
number of health records exchanged, identification of any gaps in, or obstacles 24
to, provider participation, such as issues with connecting to the system, and a 25
specific set of recommendations for long-term participation and financial support by 26
the state. 27
* Sec. 8. AS 18.23.325(3) is amended to read: 28
(3) "system" means the statewide electronic health information 29
exchange system established under AS 18.23.300, but does not include technical 30
infrastructure, software, or information that is owned or managed by 31

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participants in the system. 1
* Sec. 9. AS 18.23.325 is amended by adding a new paragraph to read: 2
(4) "designee" means the entity or entities designated under 3
AS 18.23.300(b). 4
* Sec. 10. This Act takes effect immediately under AS 01.10.070(c). 5