The COVID Project
The record
- Jurisdiction
- United States (federal); Department of Health and Human Services (Health Resources and Services Administration administering the Provider Relief Fund)
- Level
- Federal
- Authority
- CARES Act, Pub. L. 116-136, div. B, title VIII (Public Health and Social Services Emergency Fund); Paycheck Protection Program and Health Care Enhancement Act, Pub. L. 116-139
- Issued
- 2020-04-10 Apr. 10, 2020
- Effective
- Deemed accepted on retention of payment for 90 days (read as 2020-04-10)
- End
- Terms continue through reporting and audit (Reporting Period 1 due Sept. 30, 2021) (read as 2021-09-30)
- In force
- Apr. 10, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersOther
- Addressees
- every Medicare fee-for-service provider receiving a General Distribution payment (later phases: Medicaid, CHIP, dental, assisted-living and behavioral-health providers)
- Functions reached
- OF billing and administration
- CB patients and payers (balance-billing bar)
- HR (attestation and reporting)
- Collection
- Other federal health agencies AGY-FED-HEALTH-OTHER
Operative words
If you receive a payment from funds appropriated in the Public Health and Social Services Emergency Fund for provider relief ('Relief Fund') under Public Law 116-136 and retain that payment for at least 90 days without contacting HHS regarding remittance of those funds, you are deemed to have accepted the following Terms and Conditions.... Non-compliance with any Term or Condition is grounds for the Secretary to recoup some or all of the payment made from the Relief Fund.... The Recipient certifies that the Payment will only be used to prevent, prepare for, and respond to coronavirus, and that the Payment shall reimburse the Recipient only for health care related expenses or lost revenues that are attributable to coronavirus.
Enforcement
Recoupment; False Claims Act exposure on the certifications; balance-billing prohibition for presumptive or actual COVID-19 patients
Notes
Binding terms accepted by more than 400,000 health-care providers; HHS's own instrument presupposes 'lost revenues that are attributable to coronavirus' across the provider community.