When are COVID-19 Resources and Relief Coming to Senior Living Communities?
ABOUT US About Us
Thomas R. Barker Partner Foley Hoag LLP
Alexander Somodevilla Associate, Administrative Law Foley Hoag LLP
2
Agenda
Review of Provider Relief Fund Terms and Conditions Focus on Reporting Requirements Reporting Deadlines Tools and Resources Audience Q&A
3
What is the PRF? The $175 billion Provider Relief Fund (PRF) established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Paycheck Protection Program and Health Care Enhancement Act: • • • •
Must be used to prevent, prepare for, and respond to coronavirus Does not have to be paid back (provided all requirements are met) Is limited to U.S. providers Is taxable for for-profit organizations (i.e., non-501(c)(3) providers)
HHS has allocated only about $148 billion of the $175 billion appropriated by Congress. 4
PRF Terms & Conditions The funds require providers to attest to certain Terms and Conditions (T&Cs) within 90 days of payment that, among other things: Require that the recipient provided care to COVID patients after January 31, 2020 HHS views every patient as a potential COVID patient
Impose recordkeeping requirements Limit executive compensation with PRF funds to limits in the federal pay scale Providers that accept the funds are deemed to have accepted the T&Cs. 5
Recipients also attest that they will: Submit reports as HHS determines are needed to “ensure compliance with conditions” Consent to HHS publicly disclosing payment, to allow third parties to estimate recipient’s gross receipts or sales Certify that all information is accurate and complete Maintain appropriate records and cost documentation and provide upon request Fully cooperate in all audits Not seek to collect out-of-pocket expenses from a patient in an amount greater than what would have been charged by an in-network provider 6
Reporting Requirements Recipients must submit reports as HHS determines are needed to “ensure compliance with conditions” HHS has announced reporting requirements for recipients of one or more payments exceeding $10,000 in the aggregate Required Reporting Data Elements:
Increased expenses Lost revenues Basic organizational information Other assistance received in 2020 Non-financial information
7
Reporting Deadlines Deadline has not yet been set for: Recipients who have expended all funds prior to December 31, 2020. But HHS encourages recipients to start registering in the Provider Relief Fund (PRF) Reporting Portal.
Recipients who have unexpended funds after December 31, 2020 must submit a second and final report by July 31, 2021. 8
Tools and Resources
Argentum’s Advocacy Resources Argentum’s Coronavirus Toolkit HHS Step-by-Step Provider Relief Fund Guide HHS FAQs on Provider Relief Fund Post-Payment Notice of Reporting Requirements Provider Relief Fund Payment Attestation Portal Best number to contact to check status of your Application, TIN #, or payment: Optum Bank United, (877) 620-6194 9
ABOUT US Audience
Q&A
Thomas R. Barker Partner Foley Hoag LLP
Alexander Somodevilla Associate, Administrative Law Foley Hoag LLP
10