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.