2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2821 - State Electronic Health Records (Ehr) Loan Program.

§  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.