; Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers as published by the Centers for Medicare & Medicaid Services on September 16, 2016 (81 Fed. Reg. 63859) and make a determination of whether a skilled nursing facility or nursing facility is substantially compliant or non-compliant (as defined by the Secretary) with such rule, with special attention given to Ftags E–0001, E–0004, E–0013, E–0020, E–0025, E–0036, 0037, and E–0041. If a State survey agency makes a determination of substantial non-compliance for any such facility in a State, the agency shall then inform those facilities of that finding, and request that this be noted as an indicator on Nursing Home Compare. 3. Loan fund (a) Establishment The Secretary of Health and Human Services shall, subject to subsection (e), establish a loan program that provides loans to qualifying nursing facilities and skilled nursing facilities for costs relating to coming into compliance with the requirement of paragraph (4) of section 1819(a) of the Social Security Act ( 42 U.S.C. 1395i–3(a) ) and paragraph (4) of section 1919(a) of such Act ( 42 U.S.C. 1396r(a) ), as added by section 2. (b) Application No loan may be provided under this section to a qualifying nursing facility or skilled nursing facility, except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary. A loan under this section shall be on such terms and conditions and meet such requirements as the Secretary determines appropriate. (c) Selection (1) In general The Secretary shall establish criteria for selecting among qualifying nursing facilities and skilled nursing facilities that apply for a loan under this section. (2) Qualifying facilities For purposes of this section, qualifying nursing facilities and skilled nursing facilities are nursing facilities under section 1919 of the Social Security Act ( 42 U.S.C. 1396r ) and skilled nursing facilities under section 1819 of such Act ( 42 U.S.C. 1395i–3