[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2765 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2765

To amend the Small Business Act to authorize loan guarantees for health 
                        information technology.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2009

   Mr. Kerry introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
To amend the Small Business Act to authorize loan guarantees for health 
                        information technology.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Health Information 
Technology Financing Act of 2009''.

SEC. 2. SMALL BUSINESS HEALTH INFORMATION TECHNOLOGY FINANCING PROGRAM.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 44 as section 45; and
            (2) by inserting after section 43 the following:

``SEC. 44. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.

    ``(a) Definitions.--In this section--
            ``(1) the term `cost' has the meaning given that term in 
        section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
        661a);
            ``(2) the term `eligible professional' means--
                    ``(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 the Social Security Act (42 U.S.C. 
                1395u(b)(18)(C));
                    ``(C) a physical or occupational therapist;
                    ``(D) a qualified speech-language pathologist (as 
                defined in section 1861(ll)(4)(A) of the Social 
                Security Act (42 U.S.C. 1395x(ll)(4)(A));
                    ``(E) a qualified audiologist (as defined in 
                section 1861(ll)(4)(B) of the Social Security Act (42 
                U.S.C. 1395x(ll)(4)(B));
                    ``(F) a qualified medical transcriptionist;
                    ``(G) a State-licensed pharmacist;
                    ``(H) a State-licensed supplier of durable medical 
                equipment, prosthetics, orthotics, or supplies; and
                    ``(I) a State-licensed, a State-certified, or a 
                nationally accredited home health care provider;
            ``(3) the term `health information technology'--
                    ``(A) means computer hardware, software, and 
                related technology that--
                            ``(i) supports the requirements for being 
                        treated as a meaningful EHR user (as described 
                        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 professional to aid in 
                        the provision of health care in a health care 
                        setting, including electronic medical records; 
                        and
                            ``(ii) provides for--
                                    ``(I) enhancement of continuity of 
                                care for patients through electronic 
                                storage, transmission, and exchange of 
                                relevant personal health data and 
                                information, such as ensuring that this 
                                information is accessible at the times 
                                and places where clinical decisions 
                                will be or are likely to be made;
                                    ``(II) enhancement of communication 
                                between patients and health care 
                                providers;
                                    ``(III) improvement of quality 
                                measurement by eligible professionals 
                                enabling the eligible professionals to 
                                collect, store, measure, and report on 
                                the processes and outcomes of 
                                individual and population performance 
                                and quality of care;
                                    ``(IV) improvement of evidence-
                                based decision support; or
                                    ``(V) enhancement of consumer and 
                                patient empowerment; and
                    ``(B) does not include information technology the 
                sole use of which is financial management, maintenance 
                of inventory of basic supplies, or appointment 
                scheduling;
            ``(4) the term `qualified eligible professional' means an 
        eligible professional whose office is a small business concern; 
        and
            ``(5) the term `qualified medical transcriptionist' means a 
        specialist in medical language and the healthcare documentation 
        process who--
                    ``(A) interprets and transcribes dictation by 
                physicians and other healthcare professionals to ensure 
                accurate, complete, and consistent documentation of 
                healthcare encounters; and
                    ``(B) is certified by or registered with the 
                Association for Healthcare Documentation Integrity, or 
                a successor association thereto.
    ``(b) Loan Guarantees for Qualified Eligible Professionals.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator may guarantee not more than 90 percent of a loan 
        made to a qualified eligible professional for the acquisition 
        of health information technology for use in the medical 
        practice of the qualified eligible professional and for the 
        costs associated with the installation of the health 
        information technology. Except as otherwise provided in this 
        section, a loan guaranteed under this section shall be made on 
        the same terms and conditions as a loan made under section 
        7(a).
            ``(2) Limitations on guarantee amounts.--The maximum amount 
        of loan principal guaranteed under this subsection may not be 
        more than--
                    ``(A) $350,000 with respect to any 1 qualified 
                eligible professional; and
                    ``(B) $2,000,000 with respect to 1 group of 
                affiliated qualified eligible professionals.
    ``(c) Fees.--
            ``(1) In general.--The Administrator may--
                    ``(A) impose a guarantee fee on a qualified 
                eligible professional for the purpose of reducing the 
                cost 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; and
                    ``(B) impose an annual servicing fee on a lender 
                making a loan guaranteed under this section of not more 
                0.5 percent of the outstanding balance of the 
                guaranteed portion of loans by the lender guaranteed 
                under this section.
            ``(2) No fees by lenders.--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 relating to a loan 
        guaranteed under this section.
    ``(d) Deferral Period.--A loan guaranteed under this section shall 
carry a deferral period of not less than 1 year and not more than 3 
years. The Administrator may subsidize interest during the period for 
which a loan guaranteed under this section is deferred.
    ``(e) Effective Date.--The Administrator may not guarantee a loan 
under this section until the meaningful EHR use requirements have been 
determined by the Secretary of Health and Human Services.
    ``(f) Sunset.--The Administrator may not guarantee a loan under 
this section after the date that is 7 years after meaningful EHR use 
requirements have been determined by the Secretary of Health and Human 
Services.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary for the cost of guaranteeing 
$10,000,000,000 in loans under this section. The Administrator shall 
determine the cost of guaranteeing loans under this section separately 
and distinctly from other programs operated by the Administrator.''.
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