credited under section 3(e) to finance investments in net-
work infrastructure and technology acquisition, training, 
and workflow engineering for physicians. 
(b) TERMS AND CONDITIONS.—Each loan under this 
section shall be subject to such terms and conditions as 
the Secretary deems appropriate, except that— 
(1) the repayment period of each such loan may 
not exceed 10 years; 
(2) no funds from the loan may be used to ac-
quire a health information technology product for 
which the Certification Commission for Healthcare 
Information Technology has established a certifi-
cation process unless such health information tech-
nology product has been so certified; 
(3) any technology investments paid for in 
whole or in part with funds from the loan must com-
ply with the privacy requirements of section 3(b); 
and 
(4) the Secretary shall require the regional 
health information organization involved to provide 
to the Secretary an annual accounting of loan funds.
SEC. 6. SAFE HARBOR FOR EQUIPMENT AND SERVICES 
PROVIDED FOR THE DEVELOPMENT OR IM-
PLEMENTATION OF A HEALTH INFORMATION 
NETWORK. 
(a) 
IN
GENERAL.—Paragraph 
(3) 
of 
section 
1128B(b) of the Social Security Act (42 U.S.C. 1320a– 
7b(b)) is amended— 
(1) by striking the period at the end of the first 
subparagraph (H) and inserting a semicolon; 
(2) by redesignating the second subparagraph 
(H) as subparagraph (I); 
(3) by striking the period at the end of sub-
paragraph (I) (as so redesignated) and inserting ‘‘; 
and’’; and 
(4) by adding at the end the following: 
‘‘(J) the provision of any equipment or 
services that are appropriate for the develop-
ment or implementation of a regional health in-
formation technology plan approved by the Sec-
retary under section 3 of the 21st Century 
Health Information Act of 2005, including the 
provision of hardware, software, and services 
necessary to participate in a health information 
network so long as— 
‘‘(i) any patient data and information 
that is accessible to recipients of such
equipment and services is also accessible to 
other appropriate persons or entities 
through a regional health information net-
work accredited or provisionally accredited 
under section 3(e) of the 21st Century 
Health Information Act of 2005; 
‘‘(ii) any such equipment or services 
provided are capable of and intended to be 
used to access, transfer, and exchange pa-
tient data and information with other par-
ticipants in a regional health information 
network accredited or provisionally accred-
ited under section 3(e) of the 21st Century 
Health Information Act of 2005; and 
‘‘(iii) any such equipment or services 
are not provided in a manner that takes 
into account the volume or value of refer-
rals or other business generated between 
the parties.’’. 
(b) ADDITIONAL SAFE HARBOR.—(1) Subject to 
paragraph (2), the Secretary shall consider the establish-
ment of a safe harbor under subsection (a) of section 
1128C of the Social Security Act (42 U.S.C. 1320a–7c) 
to permit the provision of equipment or services intended 
to permit the exchange of health care information to im-
prove health care quality, reduce medical errors, reduce 
health care costs, or improve the coordination of health 
care services. 
(2) Insofar as the Secretary develops a safe harbor 
under paragraph (1)l 
(A) such safe harbor may only apply to geo-
graphic areas that are not covered by a regional 
health information network accredited by the Sec-
retary under section 3(e) of the 21st Century Health 
Information Act of 2005; 
(B) any equipment or services provided pursu-
ant to the safe harbor are not provided in a manner 
that takes into account the volume or value of refer-
rals or other business generated between the parties 
involved; and 
(C) any such equipment or services shall comply 
with data standards for interoperability adopted by 
the certification entity described in section 4 of the 
21st Century Health Information Act of 2005. 
SEC. 7. EXCEPTION TO MEDICARE LIMITATIONS ON PHYSI-
CIAN SELF-REFERRAL. 
(a) IN GENERAL.—Section 1877(e) of the Social Se-
curity Act (42 U.S.C. 1395nn(e)) is amended by adding 
at the end the following new paragraph: