N.Y. Public Health Law § 2821: State electronic health records (EHR) loan program

§ 2821. State electronic health records (EHR) loan program. 1.

Definitions. As used in this section, the following words and phrases

shall have the following meanings unless a different meaning is plainly

required by the context:

(a) "Authority" shall mean the dormitory authority of the state of New

York created by title four of article eight of the public authorities

law which has succeeded to the powers, functions and duties of the

medical care facilities finance agency pursuant to chapter eighty-three

of the laws of nineteen hundred ninety-five.

(b) "Eligible health care provider" shall mean any health care

provider organized under the laws of this state eligible to receive

federal funds, which has been approved for participation in this program

by the commissioner.

(c) "EHR loan fund" shall mean the certified electronic health records

technology loan fund authorized to be established by the authority

pursuant to this section.

2. The authority shall establish the EHR loan fund. Funds shall be

transferred or appropriated to the authority for deposit in the EHR loan

fund as authorized pursuant to any provision of law. Funds in the EHR

loan fund shall be held by the authority pursuant to this section as

custodian, administered by the authority pursuant to an agreement with

the commissioner and invested by the authority in accordance with the

investment guidelines of the authority. All investment income shall be

credited to, and any repayments of loans as hereinafter provided shall

be deposited in, the EHR loan fund, and spent therefrom only for the

purposes set forth in this section.

3. The commissioner and the authority shall enter into an agreement,

subject to the approval of the director of the division of the budget,

for the purpose of administering the moneys in the EHR loan fund in a

manner that will benefit the public health by encouraging improvements

in the health care delivery system through the use of information

technology in the state. Such agreement shall include, but not be

limited to, the following provisions:

(a) for the receipt, management and expenditure of funds held in the

EHR loan fund by the authority;

(b) for the development of program components, including but not

limited to provider eligibility and terms and conditions of loans, and

for the development and implementation of strategic plans for eligible

health care providers, addressing the development of meaningful

electronic health record improvements, including strategies for

facilitating the purchase of certified electronic health records

technology, enhancing the utilization of certified electronic health

records technology, training personnel in the use of such technology and

supporting the secure exchange of electronic health information to and

from electronic health records; and

(c) other requirements set forth by the Secretary of the United States

Department of Health and Human Services with respect to the state EHR

loan fund for the expenditure by the authority from the EHR loan fund to

reimburse the authority and the department for the cost of administering

the loan fund.

4. Any eligible health care provider may apply for EHR loan funds to

the extent such funds are derived from deposits made pursuant to law by

the state. The commissioner and the authority shall consider the extent

to which an eligible health care provider can provide matching funds

that may be required by law.

5. To the extent funds are available from an eligible health care

provider, expenditures from the EHR loan fund shall be repaid to the EHR

loan fund from repayments received by the authority, from an eligible

health care provider pursuant to the terms of any financing agreement,

mortgage or loan document permitting the recovery from the eligible

health care provider of such expenditures. The authority shall record

the account for all such payments, which shall be deposited in the EHR

loan fund account.

6. Loans from the EHR loan fund shall be made pursuant to an agreement

with the eligible health care provider specifying the terms thereof,

including repayment terms. The authority shall record and account for

all such repayments, which shall be deposited in the EHR loan fund. The

authority shall report annually to the director of the division of

budget, the chair of the senate finance committee and the chair of the

assembly ways and means committee, on the transactions in the EHR loan

fund, including but not limited to deposits to the fund, loans made from

the fund, investment income, and the balance on hand as of the end of

each year.

7. The commissioner is authorized, with the assistance and cooperation

of the authority, to provide a program of technical assistance for

eligible health care providers.

8. The commissioner may promulgate regulations, including emergency

regulations, to implement the provisions of this section.