89R8514 LRM-D
 
  By: Curry H.B. No. 5098
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of an electronic health record 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.  ELECTRONIC HEALTH RECORD 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 an
  abortion provider or a diagnostic, laboratory, or imaging center.
               (2)  "Loan program" and "program" mean the loan program
  established under this chapter.
         Sec. 183.002.  LOAN PROGRAM. (a) The executive
  commissioner by rule shall, in coordination with the comptroller,
  establish a loan program to provide loans to health care facilities
  to purchase and implement 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 solicit and accept gifts, grants, and
  donations from public and private entities to use for the purposes
  of this chapter.
         (e)  The commission may 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 and implement an electronic health
  record system, not to exceed:
                     (A)  80 percent of the cost of purchasing and
  implementing an electronic health record system for a health care
  facility described by Section 183.002(c); or
                     (B)  50 percent of the cost of purchasing and
  implementing an electronic health record system 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.