§ 2821 — State electronic health records (EHR) loan program

§ 2821. State electronic health records (EHR) loan program. 1.\nDefinitions. As used in this section, the following words and phrases\nshall have the following meanings unless a different meaning is plainly\nrequired by the context:\n (a) "Authority" shall mean the dormitory authority of the state of New\nYork created by title four of article eight of the public authorities\nlaw which has succeeded to the powers, functions and duties of the\nmedical care facilities finance agency pursuant to chapter eighty-three\nof the laws of nineteen hundred ninety-five.\n (b) "Eligible health care provider" shall mean any health care\nprovider organized under the laws of this state eligible to receive\nfederal funds, which has been approved for participation in this program\nby the commissioner.\n (c) "EHR loan fund" shall mean the certified electronic health records\ntechnology loan fund authorized to be established by the authority\npursuant to this section.\n 2. The authority shall establish the EHR loan fund. Funds shall be\ntransferred or appropriated to the authority for deposit in the EHR loan\nfund as authorized pursuant to any provision of law. Funds in the EHR\nloan fund shall be held by the authority pursuant to this section as\ncustodian, administered by the authority pursuant to an agreement with\nthe commissioner and invested by the authority in accordance with the\ninvestment guidelines of the authority. All investment income shall be\ncredited to, and any repayments of loans as hereinafter provided shall\nbe deposited in, the EHR loan fund, and spent therefrom only for the\npurposes set forth in this section.\n 3. The commissioner and the authority shall enter into an agreement,\nsubject to the approval of the director of the division of the budget,\nfor the purpose of administering the moneys in the EHR loan fund in a\nmanner that will benefit the public health by encouraging improvements\nin the health care delivery system through the use of information\ntechnology in the state. Such agreement shall include, but not be\nlimited to, the following provisions:\n (a) for the receipt, management and expenditure of funds held in the\nEHR loan fund by the authority;\n (b) for the development of program components, including but not\nlimited to provider eligibility and terms and conditions of loans, and\nfor the development and implementation of strategic plans for eligible\nhealth care providers, addressing the development of meaningful\nelectronic health record improvements, including strategies for\nfacilitating the purchase of certified electronic health records\ntechnology, enhancing the utilization of certified electronic health\nrecords technology, training personnel in the use of such technology and\nsupporting the secure exchange of electronic health information to and\nfrom electronic health records; and\n (c) other requirements set forth by the Secretary of the United States\nDepartment of Health and Human Services with respect to the state EHR\nloan fund for the expenditure by the authority from the EHR loan fund to\nreimburse the authority and the department for the cost of administering\nthe loan fund.\n 4. Any eligible health care provider may apply for EHR loan funds to\nthe extent such funds are derived from deposits made pursuant to law by\nthe state. The commissioner and the authority shall consider the extent\nto which an eligible health care provider can provide matching funds\nthat may be required by law.\n 5. To the extent funds are available from an eligible health care\nprovider, expenditures from the EHR loan fund shall be repaid to the EHR\nloan fund from repayments received by the authority, from an eligible\nhealth care provider pursuant to the terms of any financing agreement,\nmortgage or loan document permitting the recovery from the eligible\nhealth care provider of such expenditures. The authority shall record\nthe account for all such payments, which shall be deposited in the EHR\nloan fund account.\n 6. Loans from the EHR loan fund shall be made pursuant to an agreement\nwith the eligible health care provider specifying the terms thereof,\nincluding repayment terms. The authority shall record and account for\nall such repayments, which shall be deposited in the EHR loan fund. The\nauthority shall report annually to the director of the division of\nbudget, the chair of the senate finance committee and the chair of the\nassembly ways and means committee, on the transactions in the EHR loan\nfund, including but not limited to deposits to the fund, loans made from\nthe fund, investment income, and the balance on hand as of the end of\neach year.\n 7. The commissioner is authorized, with the assistance and cooperation\nof the authority, to provide a program of technical assistance for\neligible health care providers.\n 8. The commissioner may promulgate regulations, including emergency\nregulations, to implement the provisions of this section.\n