Page:United States Statutes at Large Volume 123.djvu/274

 123STA T . 2 54PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9‘ ‘ (c)ESTABLI S HMEN T OFFU N D.— F orpu rpo se so f su b sec ti o n (b)( 3 ) ,a ne l i g ible entit y s h all establish a certifie d E HR technology loan fund (referred to in this subsection as a ‘ L oan Fund ’ ) and co m ply w ith the other re q uirements contained in this section. A grant to an eligible entity under this section shall be deposited in the Loan Fund established by the eligible entity. N o funds authori z ed by other pro v isions of this title to be used for other purposes specified in this title shall be deposited in any Loan Fund. ‘‘(d) S T R ATE G I CP LAN.— ‘‘( 1 ) I N GENERAL.—For purposes of subsection (b)( 2 ), a stra - tegic plan of an eligible entity under this subsection shall identify the intended uses of amounts available to the Loan Fund of such entity. ‘‘(2) C ONTENTS.—A strategic plan under paragraph (1), with respect to a Loan Fund of an eligible entity, shall include for a year the following ‘‘(A) A list of the pro j ects to be assisted through the Loan Fund during such year. ‘‘( B ) A description of the criteria and methods estab- lished for the distribution of funds from the Loan Fund during the year. ‘‘(C) A description of the financial status of the Loan Fund as of the date of submission of the plan. ‘‘( D ) T he short-term and long-term goals of the Loan Fund. ‘‘(e) U SE OF FUNDS.—Amounts deposited in a Loan Fund, including loan repayments and interest earned on such amounts, shall be used only for awarding loans or loan guarantees, ma k ing reimbursements described in subsection (g)( 4 )(A), or as a source of reserve and security for leveraged loans, the proceeds of which are deposited in the Loan Fund established under subsection (c). Loans under this section may be used by a health care provider to— ‘‘(1) facilitate the purchase of certified EHR technology ‘‘(2) enhance the utilization of certified EHR technology (which may include costs associated with upgrading health information technology so that it meets criteria necessary to be a certified EHR technology); ‘‘(3) train personnel in the use of such technology; or ‘‘(4) improve the secure electronic e x change of health information. ‘‘(f) T YP ES OF ASSISTANCE.—Except as otherwise limited by applicable State law, amounts deposited into a Loan Fund under this section may only be used for the following: ‘‘(1) To award loans that comply with the following: ‘‘(A) The interest rate for each loan shall not exceed the market interest rate. ‘‘(B) The principal and interest payments on each loan shall commence not later than 1 year after the date the loan was awarded, and each loan shall be fully amortized not later than 1 0 years after the date of the loan. ‘‘(C) The Loan Fund shall be credited with all payments of principal and interest on each loan awarded from the Loan Fund. ‘‘(2) To guarantee, or purchase insurance for, a local obliga- tion (all of the proceeds of which finance a project eligible