The Vermont Statutes Online
§ 10301. Health IT-Fund
(a) The Vermont Health IT-Fund is established in the State Treasury as a special fund to be a source of funding for Medical Health Care Information Technology Programs and initiatives such as those outlined in the Vermont Health Information Technology Plan administered by the Secretary of Administration or designee. One hundred percent of the Fund shall be disbursed for the advancement of health information technology adoption and utilization in Vermont as appropriated by the General Assembly, less any disbursements relating to the administration of the Fund. The Fund shall be used for loans and grants to health care providers pursuant to section 10302 of this chapter and for the development of programs and initiatives sponsored by VITL and State entities designed to promote and improve health care information technology, including:
(1) a program to provide electronic health information systems and practice management systems for health care and human service practitioners in Vermont;
(2) financial support for VITL to build and operate the health information exchange network;
(3) implementation of the Blueprint for Health information technology initiatives, related public and mental health initiatives, and the advanced medical home and community care team project; and
(4) consulting services for installation, integration, and clinical process re-engineering relating to the utilization of health-care information technology such as electronic health records.
(b) The Health IT-Fund shall be administered by the Secretary of Administration or his or her designee.
(c) Into the Fund shall be deposited:
(1) Subdivision (c)(1) repealed effective July 1, 2023.
revenue from the health care claims tax imposed on health insurers pursuant to subdivision 10402(b)(1) of this title;
(2) contributions from the Department of Vermont Health Access, as appropriated by the General Assembly; and
(3) the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the General Assembly.
(d) The Fund shall be administered pursuant to chapter 7, subchapter 5 of this title, except that interest earned on the Fund and any remaining balance shall be retained in the Fund. All monies received by or generated to the Fund shall be disbursed solely as allowed by appropriation of the General Assembly.
(e) VITL and any other entity requesting disbursements from the Health IT-Fund shall develop a detailed annual plan for proposed expenditures from the Health IT-Fund for the upcoming fiscal year. The expenditure plan shall be included within the context of the entity’s overall budget, including all revenue and expenditures.
(f) The plan developed under subsection (e) of this section shall be submitted to the Secretary of Administration or his or her designee, the Green Mountain Care Board, the House and Senate Committees on Appropriations, the House Committee on Health Care, and the Senate Committee on Health and Welfare.
(g) The Secretary of Administration or his or her designee shall submit an annual report on the receipts, expenditures, and balances in the Health IT-Fund to the Joint Fiscal Committee at its September meeting and to the Green Mountain Care Board. The report shall include information on the results of an annual independent study of the effectiveness of programs and initiatives funded through the Health IT-Fund, with reference to a baseline, benchmarks, and other measures for monitoring progress and including data on return on investments made.
(h) VITL and any other beneficiary receiving funding shall submit quarterly expenditure reports to the Secretary of Administration and to the Green Mountain Care Board, including a year-end report by August 1.
(i) Any primary care practitioner receiving an electronic health information system, practice management system, or both pursuant to subdivision (a)(1) of this section shall maximize usage of such system in accordance with the guidelines developed by VITL. A practitioner who is determined by VITL to be using the system to less than its full capacity shall be provided with an opportunity for additional instruction as needed to enable full usage of the system. If a practitioner is unwilling or unable to utilize the system to its full capacity, such practitioner shall refund to VITL the fair market value of the system. (Added 2007, No. 192 (Adj. Sess.), § 7.004, eff. June 7, 2008; amended 2009, No. 61, § 9, eff. June 2, 2009; 2009, No. 156 (Adj. Sess.), § I.35; 2011, No. 63, § G.105; 2013, No. 73, § 50, eff. July 1, 2013; 2013, No. 73, § 52, eff. July 1, 2023.)
§ 10302. Certified Electronic Health Record Technology Loan Fund
(a) Subject to the requirements set forth in subsection (d) of this section, the Secretary of Administration or designee shall establish a Certified Electronic Health Record Technology Loan Fund (“Loan Fund”) within the Health IT-Fund for the purpose of receiving and disbursing funds from the Office of the National Coordinator of Health Information Technology for the loan program described in subsection (b) of this section.
(b) The Secretary of Administration or designee may apply to the Office of the National Coordinator of Health Information Technology for a grant to establish a loan program for health care providers to:
(1) facilitate the purchase of electronic health record technology;
(2) enhance the utilization of certified electronic health record technology, including costs associated with upgrading health information technology so that it meets criteria necessary to be a certified electronic health record technology;
(3) train personnel in the use of electronic health record technology; or
(4) improve the secure electronic exchange of health information.
(c) In addition to the application required by the National Coordinator, the Secretary or designee shall also submit to the National Coordinator a strategic plan identifying the intended uses of the amounts available in the Loan Fund for a period of one year, including:
(1) a list of the projects to be assisted through the Loan Fund during such year;
(2) a description of the criteria and methods established for the distribution of funds from the Loan Fund during the year;
(3) a description of the financial status of the Loan Fund as of the date of the submission of the plan; and
(4) the short-term and long-term goals of the Loan Fund.
(d) Amounts deposited in the Loan Fund, including loan repayments and interest earned on such amounts, shall be used only as follows:
(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 no later than one year after the date the loan was awarded, and each loan shall be fully amortized no later than 10 years after the date of the loan; and
(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 obligation, all of the proceeds of which finance a project eligible for assistance under this subsection, if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation involved;
(3) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of the bonds will be deposited into the Loan Fund;
(4) to earn interest on the amounts deposited into the Loan Fund; and
(5) to make reimbursements described in subdivision (f)(1) of this section.
(e) The Secretary of Administration or designee may use annually no more than four percent of the grant funds to pay the reasonable costs of administering the loan programs pursuant to this section, including recovery of reasonable costs expended to establish the Loan Fund.
(f)(1) The Loan Fund may accept contributions from private sector entities, except that such entities may not specify the recipient or recipients of any loan issued under this subsection. The Secretary or designee may agree to reimburse a private sector entity for any contribution to the Loan Fund, provided that the amount of the reimbursement may not exceed the principal amount of the contribution made.
(2) The Secretary or designee shall make publicly available the identity of, and amount contributed by, any private sector entity and may issue to the entity letters of commendation or make other awards, provided such awards are of no financial value.
(g) The Secretary of Administration or designee shall agree, as part of the grant application, to make available from the Health IT-Fund established under section 10301 of this title nonfederal cash contributions, including donations from public or private entities, toward the costs of the loan program in an amount equal to at least $1.00 for every $5.00 of federal funds provided under the grant. (Added 2009, No. 61, § 10.)