Section 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.