In a press release posted May 7, 2020, the Department of Health and Human Services (“HHS”) announced that it is extending the deadline for providers and suppliers (collectively “Providers”) to attest to receipt of payments from the CARES Act Provider Relief Fund and accepting the related Terms and Conditions. The announcement comes just three days from the May 10, 2020 deadline many Providers were facing for submitting these attestations.
Providers now have 45 days, increased from 30 days, from the date they receive a payment to attest and accept the Terms and Conditions or return the funds. Note, however, that HHS appears to be calculating the deadline incorrectly in the Press Release, describing 30 days from April 10 as May 9 and 45 days from April 10 as May 24. 45 days from April 10 is actually May 25, not May 24. Also note, May 24 is the Sunday of Memorial Day weekend, and May 25 is Memorial Day.
The HHS Press Release is available here.
HHS Updates FAQs for General Distribution Fund ($50 billion)
HHS updated the General Distribution Portal FAQs late yesterday (now called the General Distribution FAQs). A comparison is attached, but some of the new questions include:
- What should a provider do if a General Distribution payment is greater than expected or received in error?
- Does HHS intend to recoup any payments made to providers not tied to specific claims for reimbursement, such as the General Distribution payments?
- What is the definition of individuals with possible or actual cases of COVID-19?
- What oversight and enforcement mechanisms will HHS use to ensure providers meet the Terms and Conditions of the Provider Relief Fund payments?
- How does HHS define a presumptive case of COVID-19?
- How will a provider know the in-network rates to be able to comply with the requirement to bill a presumptive or actual COVID-19 patient for cost-sharing at the in-network rate?
- How can I return a General Distribution payment I received under the Provider Relief Fund?
Recipients should evaluate how the HHS answers to these questions impact their operations in evaluating whether to proceed with filing the attestations within the original deadline or take advantage of the extended deadline described above. The new FAQs are available here.
Hall Render Legal Briefings
Hall Render has prepared 2 CARES Act Relief Fund Briefing Documents available for purchase. One Legal Briefing analyzes the Terms and Conditions in greater detail, including identifying the provisions of the Terms and Conditions that are directly associated with the CARES Act statutory language versus those that are not; and providing explanations, observations and recommendations as to how Providers can address various obligations and requirements included in the Terms and Conditions.
The other Legal Briefing is designed to assist providers and suppliers with (1) understanding the specific funding mechanisms of the Relief Fund; (2) understanding the reporting obligations for the Relief Fund; and (3) deciding what steps may be needed to be taken to obtain and/or maintain allocations received from the Relief Fund.
All providers should consult with their legal counsel and financial advisors on how to comply with the HHS application and reporting obligations. The Legal Briefings are available for purchase for a flat fee of $750 each. If you are interested in purchasing your copy of one or both Legal Briefings, click here and complete the simple information request and a Hall Render representative will follow up with you shortly.
If you have questions or would like additional information about this topic, please contact:
- David Snow at (303) 801-3536 or dsnow@wp.hallrender.com;
- Lori Wink at (414) 721-0456 or lwink@wp.hallrender.com;
- Joseph Krause at (414) 721-0906 or jkrause@wp.hallrender.com;
- Elizabeth Elias at (317) 977-1468 or eelias@wp.hallrender.com;
- Benjamin Fee at (720) 282-2030 or bfee@wp.hallrender.com; or
- Your regular Hall Render attorney.
Hall Render’s attorneys and professionals continue to maintain the most up-to-date information and resources at our COVID-19 Resource page, through our 24/7 COVID‑19 Hotline at (317) 429-3900 or by contacting your regular Hall Render attorney.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
