| 1 | 1 | | 89R8514 LRM-D |
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| 2 | 2 | | By: Perry S.B. No. 2358 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the establishment of an electronic health record loan |
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| 10 | 10 | | program for certain health care facilities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle I, Title 2, Health and Safety Code, is |
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| 13 | 13 | | amended by adding Chapter 183 to read as follows: |
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| 14 | 14 | | CHAPTER 183. ELECTRONIC HEALTH RECORD LOAN PROGRAM FOR CERTAIN |
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| 15 | 15 | | HEALTH CARE FACILITIES |
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| 16 | 16 | | Sec. 183.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Health care facility" means a facility licensed |
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| 18 | 18 | | to provide health care services. The term includes a nursing |
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| 19 | 19 | | facility licensed under Chapter 242, a continuing care facility |
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| 20 | 20 | | regulated under Chapter 246, an assisted living facility licensed |
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| 21 | 21 | | under Chapter 247, and a mental hospital or other mental health |
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| 22 | 22 | | facility licensed under Chapter 577. The term does not include an |
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| 23 | 23 | | abortion provider or a diagnostic, laboratory, or imaging center. |
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| 24 | 24 | | (2) "Loan program" and "program" mean the loan program |
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| 25 | 25 | | established under this chapter. |
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| 26 | 26 | | Sec. 183.002. LOAN PROGRAM. (a) The executive |
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| 27 | 27 | | commissioner by rule shall, in coordination with the comptroller, |
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| 28 | 28 | | establish a loan program to provide loans to health care facilities |
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| 29 | 29 | | to purchase and implement electronic health record systems to |
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| 30 | 30 | | ensure streamlined communication between health care facilities |
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| 31 | 31 | | regarding patient health records. |
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| 32 | 32 | | (b) The executive commissioner by rule shall establish: |
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| 33 | 33 | | (1) eligibility criteria for health care facilities to |
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| 34 | 34 | | receive a loan under this chapter; |
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| 35 | 35 | | (2) loan application procedures; |
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| 36 | 36 | | (3) guidelines relating to loan amounts, terms, and |
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| 37 | 37 | | repayment schedules; |
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| 38 | 38 | | (4) procedures for evaluating loan applications; and |
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| 39 | 39 | | (5) procedures for monitoring the use of a loan |
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| 40 | 40 | | awarded under the loan program and ensuring compliance with any |
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| 41 | 41 | | conditions of the loan. |
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| 42 | 42 | | (c) The rules adopted under Subsection (b) must include a |
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| 43 | 43 | | preference for granting loans to health care facilities that: |
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| 44 | 44 | | (1) provide services in medically underserved or rural |
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| 45 | 45 | | areas; or |
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| 46 | 46 | | (2) provide services to Medicaid recipients. |
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| 47 | 47 | | (d) The commission may solicit and accept gifts, grants, and |
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| 48 | 48 | | donations from public and private entities to use for the purposes |
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| 49 | 49 | | of this chapter. |
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| 50 | 50 | | (e) The commission may make a loan under this chapter using |
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| 51 | 51 | | money appropriated to the commission for that purpose or gifts, |
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| 52 | 52 | | grants, and donations received under Subsection (d). |
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| 53 | 53 | | Sec. 183.003. ADMINISTRATION OF LOAN PROGRAM. A loan made |
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| 54 | 54 | | by the commission under the loan program: |
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| 55 | 55 | | (1) must bear an interest rate not to exceed one |
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| 56 | 56 | | percent and be made for a term not to exceed 10 years; and |
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| 57 | 57 | | (2) may be awarded in an amount necessary to assist a |
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| 58 | 58 | | health care facility purchase and implement an electronic health |
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| 59 | 59 | | record system, not to exceed: |
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| 60 | 60 | | (A) 80 percent of the cost of purchasing and |
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| 61 | 61 | | implementing an electronic health record system for a health care |
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| 62 | 62 | | facility described by Section 183.002(c); or |
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| 63 | 63 | | (B) 50 percent of the cost of purchasing and |
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| 64 | 64 | | implementing an electronic health record system for a health care |
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| 65 | 65 | | facility not described by Section 183.002(c). |
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| 66 | 66 | | Sec. 183.004. RULEMAKING. The executive commissioner shall |
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| 67 | 67 | | adopt rules necessary to administer this chapter. |
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| 68 | 68 | | SECTION 2. As soon as practicable after the effective date |
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| 69 | 69 | | of this Act, the executive commissioner of the Health and Human |
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| 70 | 70 | | Services Commission shall adopt rules necessary to implement |
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| 71 | 71 | | Chapter 183, Health and Safety Code, as added by this Act. |
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| 72 | 72 | | SECTION 3. This Act takes effect September 1, 2025. |
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