123STA T . 2 5 3 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ SEC.3014 . C OMP E TI TI V E GRAN TS TO STATES AN D INDIAN TRI B ES F ORT H E DEVE L OPMENT OF LOAN PROGRAMS TO FACILI - TATE THE W IDESPREAD ADOPTION OF CERTIFIED EHR TECHNOLOG Y . ‘ ‘ (a)INGE NE RAL.—TheN a tion a lC oo rd inator m a y a w ard c om p etiti v e g rant s to eligi b le entities f or the establishment of pro - grams for loans to health care providers to cond u ct the activities described in subsection (e). ‘‘(b) E L IG I B LE EN T IT YD E F INE D .— F or purposes of this sub- section , the term ‘eligible entity ’ means a S tate or Indian tribe (as defined in the Indian Self-Determination and Education A ssist- ance Act) that— ‘‘( 1 ) submits to the National Coordinator an application at such time, in such manner, and containing such information as the National Coordinator may re q uire
‘‘( 2 ) submits to the National Coordinator a strategic plan in accordance with subsection (d) and provides to the National Coordinator assurances that the entity will update such plan annually in accordance with such subsection; ‘‘( 3 ) provides assurances to the National Coordinator that the entity will establish a L oan Fund in accordance with sub- section (c); ‘‘( 4 ) provides assurances to the National Coordinator that the entity will not provide a loan from the Loan Fund to a health care provider unless the provider agrees to— ‘‘(A) submit reports on quality measures adopted by the Federal Government (by not later than 90 days after the date on which such measures are adopted), to— ‘‘(i) the Administrator of the Centers for M edicare & Medicaid Services (or his or her designee), in the case of an entity participating in the Medicare program under title XV III of the Social Security Act or the Medicaid program under title XIX of such Act; or ‘‘(ii) the Secretary in the case of other entities; ‘‘( B ) demonstrate to the satisfaction of the Secretary (through criteria established by the Secretary) that any certified E HR technology purchased, improved, or otherwise financially supported under a loan under this section is used to e x change health information in a manner that, in accordance with law and standards (as adopted under section 3004) applicable to the exchange of information, improves the quality of health care, such as promoting care coordination; and ‘‘(C) comply with such other requirements as the entity or the Secretary may require; ‘‘(D) include a plan on how health care providers involved intend to maintain and support the certified EHR technology over time; ‘‘(E) include a plan on how the health care providers involved intend to maintain and support the certified EHR technology that would be purchased with such loan, including the type of resources expected to be involved and any such other information as the State or Indian Tribe, respectively, may require; and ‘‘( 5 ) agrees to provide matching funds in accordance with subsection (h). Reports.D e adlin e. 42USC30 0 j j – 34.
