HHS Updates Recently Issued Provider Relief Fund Terms and Conditions

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HHS has updated the Terms and Conditions and websites for two key portions of its Provider Relief Fund programs.

1. Provider Relief Funds. Over the weekend, HHS updated the Terms and Conditions and posted FAQs concerning the Provider Relief Fund, available here: https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/index.html. The new Terms and Conditions apply to the $50 billion General Distribution funds that have gone out and will go out over the next few weeks, and reaffirm reporting requirements as well as potential fraud and abuse liability for failing to comply.  See https://www.hhs.gov/coronavirus/cares-act-provider-relief-fund/terms-conditions/index.html. HHS also opened the portal for those entities entitled to apply for additional General Distribution funds.  https://covid19.linkhealth.com/docusign/#/step/1. The FAQs provide detailed information concerning eligibility, requirements, and information necessary to apply for additional funds.  https://www.hhs.gov/sites/default/files/20200425-general-distribution-portal-faqs.pdf. Significantly, those who received the a portion of the $20 billion disbursement last week must still provide information confirming their patient revenues as well as attest to the updated Terms and Conditions relevant to that program.

2. Treatment of the Uninsured. HRSA has also established the website and opened the portal for those providers who wish to obtain payment for testing or caring for uninsured COVID-19 patients.  See https://www.hrsa.gov/coviduninsuredclaim. Providers wishing to participate must enroll in the program through the website. Claims may be submitted beginning May 6. Payment is anticipated in mid-May subject to available funding. Accordingly, providers wishing to claim a portion of the funds should submit claims as soon as they can. Those providers wishing to participate must agree to the associated Terms and Conditions, which are available here: https://www.hhs.gov/sites/default/files/terms-and-conditions-ffcra-relief-fund.pdf and  https://www.hhs.gov/sites/default/files/terms-and-conditions-uninsured-relief-fund.pdf.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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