Wachler & Associates Health Law BlogHHS Reveals New PRF Reporting Requirements
On June 11, 2021, the Department of Health and Human Services (HHS) released long-awaited updates on the reporting requirements for entities that received payments from the Provider Relief Fund (PRF). HHS also pushed back the deadline for some recipients of PRF payments to use the funds. The PRF is a $175 billion fund created by Congress through the CARES Act and administered by HHS to provide financial relief to healthcare providers during the COVID-19 pandemic. HHS has subdivided the PRF into various general and targeted distributions.
Initially, the PRF reporting portal had been scheduled to open on January 15, 2021, with the first reports initially being due on February 15, 2021. However, HHS has repeatedly pushed these dates back. For the last several months, provides have been able to register and log into the reporting portal, but have been unable to file reports. Moreover, PRF recipients had previously been told that all PRF payments must be used by June 30, 2021. As June 30, 2021 approached, and no new reporting guidance or timeline had been released, providers and industry groups began to call for HHS to push back the deadline by which PRF funds must be used.
The new reporting guidance pushed this date back for some, but not all, recipients. The deadline to use the funds, as well as the reporting deadline, is now dependent on when the recipient received the payment.
Payment Received Deadline to Use Funds Reports Due
April 10, 2020 to June 30, 2020 June 30, 2021 September 30, 2021
July 1, 2020 to December 31, 2020 December 31, 2021 March 31, 2022
January 1, 2021 to June 30, 2021 June 30, 2022 September 30, 2022
July 1, 2021 to December 31, 2021 December 31, 2022 March 31, 2023
The reporting portal will open on July 1, 2021. It appears HHS will not accept reports filed prior to the applicable “use” deadline. Recipients who received one or more payments exceeding $10,000 in the aggregate during any “Payment Received” period are required to file a report for each period.
The June 11, 2021 guidance also contained many details on the data elements that PRF recipients must report. This guidance supersedes prior guidance, although many of the terms are similar or identical. For instance, HHS has retained the requirement that funds be used first for healthcare-related expenses before being applied to lost revenue. However, HHS has expanded on some requirements and is now requiring additional information on subsidiaries and on the impact of the payments, along with other changes. All recipients should review the new guidance in detail prior to filing their reports.
For over 35 years, Wachler & Associates has represented healthcare providers and suppliers nationwide in a variety of health law matters. If you or your healthcare entity has any questions pertaining to the Provider Relief Fund or healthcare compliance, please contact an experienced healthcare attorney at 248-544-0888 or wapc@wachler.com.