SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Health 
Information Technology Financing Act’’. 
SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECH-
NOLOGY FINANCING PROGRAM. 
The Small Business Act (15 U.S.C. 631 et seq.) is 
amended by redesignating section 44 as section 45 and 
by inserting the following new section after section 43: 
‘‘SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION 
TECHNOLOGY. 
‘‘(a) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘health information technology’ 
means computer hardware, software, and related 
technology that supports the meaningful EHR use 
requirements set forth in section 1848(o)(2)(A) of 
the Social Security Act (42 U.S.C. 1395w– 
4(o)(2)(A)) and is purchased by an eligible profes-
sional to aid in the provision of health care in a 
health care setting, including, but not limited to, 
electronic medical records, and that provides for— 
‘‘(A) enhancement of continuity of care for 
patients through electronic storage, trans-
mission, and exchange of relevant personal 
health data and information, such that this in-
formation is accessible at the times and places
where clinical decisions will be or are likely to 
be made; 
‘‘(B) enhancement of communication be-
tween patients and health care providers; 
‘‘(C) improvement of quality measurement 
by eligible professionals enabling them to col-
lect, store, measure, and report on the proc-
esses and outcomes of individual and population 
performance and quality of care; 
‘‘(D) improvement of evidence-based deci-
sion support; or 
‘‘(E) enhancement of consumer and pa-
tient empowerment. 
Such term shall not include information technology 
whose sole use is financial management, mainte-
nance of inventory of basic supplies, or appointment 
scheduling. 
‘‘(2) The term ‘eligible professional’ means any 
of the following: 
‘‘(A) A physician (as defined in section 
1861(r) of the Social Security Act (42 U.S.C. 
1395x(r))). 
‘‘(B) A practitioner described in section 
1842(b)(18)(C) of that Act.
‘‘(C) A physical or occupational therapist 
or a qualified speech-language pathologist. 
‘‘(D) A qualified audiologist (as defined in 
section 1861(ll)(3)(B)) of that Act. 
‘‘(E) A qualified medical transcriptionist 
who is either certified by or registered with the 
Association for Healthcare Documentation In-
tegrity, or a successor association thereto. 
‘‘(F) A State-licensed pharmacist. 
‘‘(G) A State-licensed supplier of durable 
medical equipment, prosthetics, orthotics, or 
supplies. 
‘‘(H) A State-licensed, a State-certified, or 
a nationally accredited home health care pro-
vider. 
‘‘(3) The term ‘qualified eligible professional’ 
means an eligible professional whose office can be 
classified as a small business concern by the Admin-
istrator for purposes of this Act under size stand-
ards established under section 3 of this Act. 
‘‘(4) 
The 
term 
‘qualified 
medical 
transcriptionist’ means a specialist in medical lan-
guage and the healthcare documentation process 
who interprets and transcribes dictation by physi-
cians and other healthcare professionals to ensure
accurate, complete, and consistent documentation of 
healthcare encounters. 
‘‘(b) LOAN GUARANTEES FOR QUALIFIED ELIGIBLE 
PROFESSIONALS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator may guarantee up to 90 percent 
of the amount of a loan made to a qualified eligible 
professional to be used for the acquisition of health 
information technology for use in such eligible pro-
fessional’s medical practice and for the costs associ-
ated with the installation of such technology. Except 
as otherwise provided in this section, the terms and 
conditions that apply to loans made under section 
7(a) of this Act shall apply to loan guarantees made 
under this section. 
‘‘(2) LIMITATIONS ON GUARANTEE AMOUNTS.— 
The maximum amount of loan principal guaranteed 
under this subsection may not exceed— 
‘‘(A) $350,000 with respect to any single 
qualified eligible professional; and 
‘‘(B) $2,000,000 with respect to a single 
group of affiliated qualified eligible profes-
sionals. 
‘‘(c) FEES.—(1) The Administrator may impose a 
guarantee fee on the borrower for the purpose of reducing
the cost (as defined in section 502(5) of the Federal Credit 
Reform Act of 1990) of the guarantee to zero in an 
amount not to exceed 2 percent of the total guaranteed 
portion of any loan guaranteed under this section. The Ad-
ministrator may also impose annual servicing fees on lend-
ers not to exceed 0.5 percent of the outstanding balance 
of the guarantees on lenders’ books. 
‘‘(2) No service fees, processing fees, origination fees, 
application fees, points, brokerage fees, bonus points, or 
other fees may be charged to a loan applicant or recipient 
by a lender in the case of a loan guaranteed under this 
section. 
‘‘(d) DEFERRAL PERIOD.—Loans guaranteed under 
this section shall carry a deferral period of not less than 
1 year and not more than 3 years. The Administrator shall 
have the authority to subsidize interest during the deferral 
period. 
‘‘(e) EFFECTIVE DATE.—No loan may be guaranteed 
under this section until the meaningful EHR use require-
ments have been determined by the Secretary of Health 
and Human Services. 
‘‘(f) SUNSET.—No loan may be guaranteed under 
this section after the date that is 7 years after meaningful 
EHR use requirements have been determined by the Sec-
retary of Health and Human Services.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary for the cost (as defined in section 502(5) of the 
Federal Credit Reform Act of 1990) of guaranteeing 
$10,000,000,000 in loans under this section. The Admin-
istrator shall determine such program cost separately and 
distinctly from other programs operated by the Adminis-
trator.’’. 
SEC. 3. REGULATIONS. 
Except as otherwise provided in this Act or in amend-
ments made by this Act, after an opportunity for notice 
and comment, but not later than 180 days after the date 
of the enactment of this Act, the Administrator shall issue 
regulations to carry out this Act and the amendments 
made by this Act. 
Passed the House of Representatives November 18, 
2009. 
Attest: 
Clerk.