Earlier this month, the Department of Health and Human Services (“HHS”) finally launched its Provider Relief Fund (“PRF”) Reporting Portal and simultaneously updated its PRF Frequently Asked Questions (“FAQs”). Just two weeks after launch of the Reporting Portal, HHS has released an additional round of PRF updates.
Of particular note, HHS indicates that it will soon introduce a structured reconsiderations process to review and reconsider PRF payments. Chilivis Grubman attorneys have cautioned PRF payment recipients about acceptance of PRF payments and maintaining documentation to appropriately report on compliant use of such funds. As expected, HHS has indicated that certain determinations related to PRF reports will be based on supporting documentation submitted along with the reports.
On July 15, 2021, HHS added the following new FAQs:
1.How do I appeal or dispute a decision made?
HHS recognizes that providers may have questions regarding the accuracy of their PRF payments. HHS is developing a structured reconsiderations process to review and reconsider payment accuracy based on submitted supporting documentation. Details regarding this process will be provided in coming weeks.
2.How can a provider return unused Provider Relief Fund payments that it has partially spent?
Providers that have remaining Provider Relief Fund payments that they cannot expend on allowable expenses or lost revenues attributable to coronavirus by the relevant deadline to use funds are required to return this money to the federal government. To return any unused funds, use the Return Unused PRF Funds Portal. Read instructions for returning any unused funds.
The Provider Relief Fund Terms and Conditions and applicable laws authorize HHS to audit Provider Relief Fund recipients now or in the future to ensure that program requirements are/were met. HHS is authorized to recoup any Provider Relief Fund payment amounts that were made in error, exceed lost revenue or expenses due to coronavirus, or in cases of noncompliance with the Terms and Conditions.
3.When should Provider Relief Fund expenditures and/or lost revenue be reported on a non-federal entity’s Schedule of Expenditures of Federal Awards (SEFA)?
Non-federal entities will include Provider Relief Fund expenditures and/or lost revenues on their SEFAs for fiscal year ends (FYEs) ending on or after June 30, 2021. Please refer to the 2021 OMB Compliance Supplement for additional information.
4.How will a non-federal entity determine the amount of expenditures and/or lost revenues to report on its SEFA for FYEs ending on or after June 30, 2021?
A non-federal entity’s SEFA reporting is linked to its report submissions to the Provider Relief Fund Reporting Portal. Therefore, the timing of SEFA reporting of Provider Relief Fund payments will be as follows:
- For a FYE of June 30, 2021, and through FYEs of December 30, 2021, recipients are to report on the SEFA, the total expenditures and/or lost revenues from the Period 1 report submission to the Provider Relief Fund Reporting Portal.
- For a FYE of December 31, 2021, and through FYEs of June 29, 2022, recipients are to report on the SEFA, the total expenditures and/or lost revenues from both the Period 1 and Period 2 report submissions to the PRF reporting porta Provider Relief Fund Reporting Portal l.
- For FYEs on or after June 30, 2022, SEFA reporting guidance related to Period 3 and Period 4 will be provided at a later date.
5.When reporting on lost revenues, how should Reporting Entities treat “contractual adjustments from all third party payers” and “charity care adjustments” when determining what to exclude from patient care-related revenue sources?
Reporting Entities should exclude the amount of contractual adjustments from all third party payers and charity care adjustments, as applicable, when determining patient care-related revenue sources.
The attorneys at Chilivis Grubman represent clients of all types and sizes, including healthcare providers and small businesses that have accepted COVID-19 relief funds. If you need assistance with COVID-19 relief funds compliance, please contact us today.