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.