text: 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.''.
target: Small Business Health Information Technology Financing Act of 2009 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90% of the amount of a loan, up to specified loan amounts, to a small business health professional to be used for the acquisition and installation of health information technology for the professional's medical practice. Defines the term "health information technology" to mean computer hardware, software, and related technology that supports the meaningful electronic health record use requirements of title XVIII (Medicare) of the Social Security Act and is purchased by an eligible professional to aid in the provision of health care, including electronic medical records, but excludes information technology whose sole use is financial management, maintenance of inventory of basic supplies, or appointment scheduling.
feat_title: A bill to amend the Small Business Act to authorize loan guarantees for health information technology.