89R22204 LRM-D
 
  By: Curry H.B. No. 5098
 
  Substitute the following for H.B. No. 5098:
 
  By:  VanDeaver C.S.H.B. No. 5098
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an interoperable care coordination
  solution loan program for certain health care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 2, Health and Safety Code, is
  amended by adding Chapter 183 to read as follows:
  CHAPTER 183.  INTEROPERABLE CARE COORDINATION SOLUTION LOAN PROGRAM
  FOR CERTAIN HEALTH CARE FACILITIES
         Sec. 183.001.  DEFINITIONS. In this chapter:
               (1)  "Health care facility" means a facility licensed
  to provide health care services.  The term includes a nursing
  facility licensed under Chapter 242, a continuing care facility
  regulated under Chapter 246, an assisted living facility licensed
  under Chapter 247, and a mental hospital or other mental health
  facility licensed under Chapter 577.  The term does not include:
                     (A)  an abortion provider, as defined by Section
  171.002;
                     (B)  a diagnostic, laboratory, or imaging center;
                     (C)  a hospital licensed under Chapter 241;
                     (D)  a boarding home facility, as defined by
  Section 260.001, that holds a permit issued under Chapter 260; or
                     (E)  a center for independent living, as defined
  by Section 702 of the federal Rehabilitation Act of 1973 (29 U.S.C.
  Section 796a).
               (2)  "Loan program" means the loan program established
  under this chapter.
         Sec. 183.002.  LOAN PROGRAM. (a) The executive
  commissioner by rule shall establish a loan program to provide
  loans to health care facilities to purchase, implement, and sustain
  interoperable care coordination solutions, including electronic
  health record systems, to ensure streamlined communication between
  health care facilities regarding patient health records. 
         (b)  The executive commissioner by rule shall establish:
               (1)  eligibility criteria for health care facilities to
  receive a loan under this chapter;
               (2)  loan application procedures;
               (3)  guidelines relating to loan amounts, terms, and
  repayment schedules;
               (4)  procedures for evaluating loan applications; and
               (5)  procedures for monitoring the use of a loan
  awarded under the loan program and ensuring compliance with any
  conditions of the loan.
         (c)  The rules adopted under Subsection (b) must include a
  preference for granting loans to health care facilities that:
               (1)  provide services in medically underserved or rural
  areas; or
               (2)  provide services to Medicaid recipients.
         (d)  The commission may accept gifts, grants, and donations
  from public and private entities to use for the purposes of this
  chapter.
         (e)  The commission shall make a loan under this chapter
  using money appropriated to the commission for that purpose or
  gifts, grants, and donations received under Subsection (d).
         Sec. 183.003.  ADMINISTRATION OF LOAN PROGRAM. A loan made
  by the commission under the loan program:
               (1)  must bear an interest rate not to exceed one
  percent and be made for a term not to exceed 10 years; and
               (2)  may be awarded in an amount necessary to assist a
  health care facility purchase, implement, and sustain
  interoperable care coordination solutions, including an electronic
  health record system, not to exceed:
                     (A)  80 percent of the cost of purchasing,
  implementing, and sustaining interoperable care coordination
  solutions for a health care facility described by Section
  183.002(c); or
                     (B)  50 percent of the cost of purchasing,
  implementing, and sustaining interoperable care coordination
  solutions for a health care facility not described by Section
  183.002(c).
         Sec. 183.004.  RULEMAKING. The executive commissioner shall
  adopt rules necessary to administer this chapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Chapter 183, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2025.