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HHS Update 12/9/2021

Are Provider Relief Fund recipients required to notify HRSA if they have filed a bankruptcy petition? (Added 12/9/2021)

Yes. Provider Relief Fund recipients must immediately notify HRSA about their bankruptcy petition or involvement in a bankruptcy proceeding so that the Agency may take the appropriate steps. When notifying HRSA about a bankruptcy, please include the name that the bankruptcy is filed under, the docket number, and the district where the bankruptcy is filed. You must submit this information to PRFbankruptcy@hrsa.gov. If a Provider Relief Fund recipient has filed a bankruptcy petition or is involved in a bankruptcy proceeding, federal financial obligations will be resolved in accordance with the applicable bankruptcy process, the Bankruptcy Code, and applicable non-bankruptcy federal law.

What financial transactions are Reporting Entities required to report in order to satisfy the requirement in the Terms and Conditions for Phase 4 that recipients must notify HHS of a merger with or acquisition of any other health care provider during the Payment Received Period within the Reporting Time Period? (Added 12/9/2021)

The Terms and Conditions for Phase 4 require that recipients that receive payments greater than $10,000 notify HHS during the applicable Reporting Time Period of any mergers with or acquisitions of any other health care provider that occurred within the relevant Payment Received Period. HRSA considers changes in ownership, mergers/acquisitions, and consolidations to be reportable events.

Do commercial organizations that do not submit their audit through the Federal Audit Clearinghouse get an extension to the submission due date for their audit? (Added 12/9/2021)

Yes. Both commercial organizations and non-federal entities are granted a six-month extension to the submission of audits that have a fiscal-year end through June 30, 2021. As a reminder, audits are due 30 calendar days after receipt of the audit report or nine months after the end of the audit period – whichever is earlier. On March 19, 2021, the Office of Management and Budget (OMB) Memo (M-21-20) extended the deadline for Single Audit submissions to six months beyond the normal due date, and on October 28, 2021, HHS granted the same extension to commercial organizations. If you have questions about this extension or want to inform HRSA you will be taking advantage of this flexibility, please email HRSA’s Division of Financial Integrity at PRFaudits@hrsa.gov. If you have questions about the audit in accordance with 45 CFR 75.501 for Provider Relief Fund payments, please email your questions to ProviderReliefContact@hrsa.gov.

Why is HRSA requiring Reporting Entities to report patient metrics? (Added 12/9/2021)

HRSA is requiring Reporting Entities to report patient metrics to gather information on the number of patients treated by Provider Relief Fund recipients. Depending on recipient type, these patients may be treated in either inpatient, outpatient, or residential settings. These metrics enable HRSA to quantify respective volumes of inpatient, in-person, and virtual outpatient visits, as well as emergency visit patients.

What if a Reporting Entity does not believe their patient encounters align with one of the patient visit type options? (Added 12/9/2021)

If a Reporting Entity cannot identify a fitting patient visit type for their patient encounters, the entity should count the distinct encounters or visits in the category that is the most fitting category available.

Should state and federal tax credits (e.g., employee retention tax credits) be reported as “other assistance received?” (Added 12/9/2021)

No. Tax credits are not considered a revenue source for purpose of reporting within the Provider Relief Fund report.

If a merger or acquisition was planned before receiving Phase 4 General Distribution payments, will health care providers still need to report these activities? (Modified 12/9/2021)

If a Reporting Entity that received a Phase 4 General Distribution payment undergoes a merger or acquisition during the Payment Received Period, as described in the Post-Payment Notice of Reporting Requirements, the Reporting Entity must report the merger or acquisition during the applicable Reporting Time Period.

What type of review will HRSA do after a merger or acquisition has been reported by recipients of a Phase 4 General Distribution payment? (Modified 12/9/2021)

If a Reporting Entity that received a Phase 4 General payment indicates when they report on the use of funds that they have undergone a merger or acquisition during the applicable Payment Received Period, this information will be a component that is factored into whether an entity is audited.

What financial transactions are Reporting Entities required to report in order to satisfy the requirement in the Terms and Conditions for ARP Rural payments that recipients must notify HHS of a merger with or acquisition of any other health care provider during the Payment Received Period within the Reporting Time Period? (Modified 12/9/2021)

The Terms and Conditions for ARP Rural payments require that recipients that receive payments greater than $10,000 notify HHS during the applicable Reporting Time Period of any mergers with or acquisitions of any other health care provider that occurred within the Payment Received Period. HRSA considers changes in ownership, mergers/acquisitions, and consolidations to be reportable events.

If a merger or acquisition was planned before receiving ARP Rural payments, will health care providers still need to report these activities? (Modified 12/9/2021)

If a Reporting Entity that received an ARP Rural payment undergoes a merger or acquisition during the Payment Received Period, the Reporting Entity must report the merger or acquisition during the applicable Reporting Time Period.

What type of review will HRSA do after a merger or acquisition has been reported by recipients of an ARP Rural payment? (Modified 12/9/2021)

If a Reporting Entity that received an ARP Rural payment indicates when they report on the use of funds that they have undergone a merger or acquisition during the applicable Payment Received Period, this information will be a component that is factored into whether an entity is audited.

Can a provider that purchased, merged with, or consolidated with another entity (purchaser/new owner) in 2019, 2020, 2021, or 2022, accept a Provider Relief Fund payment from a seller/previous owner, and complete the attestation for the Terms and Conditions? (Modified 12/9/2021)

The answer depends on the status of the TIN that received the PRF payment. The purchaser/new owner cannot accept the payment directly from another entity nor attest to the Terms and Conditions on behalf of the seller/previous owner in order to retain the Provider Relief Fund payment, including payment under the Nursing Home Infection Control Quality Incentive Payment Program, unless the seller’s Medicare provider agreement and TIN was accepted by the purchaser in the transaction. However, the purchaser/new owner may apply for and/or receive future funds.