How Skilled Nursing Facilities Can Apply to CARES Act Provider Relief Fund


June 25, 2020

By: Eric N. Fischer, Jason L. Giles

On May 22, 2020, the U.S. Department of Health and Human Services (“HHS”) announced that it would be making another Targeted Distribution from the CARES Act Provider Relief Fund by distributing $4.9 billion to skilled nursing facilities (“SNFs”) in an effort to address the impact of the COVID-19 pandemic. All certified SNFs with six or more certified beds are eligible for this targeted distribution. A "certified" skilled nursing facility must be certified under Medicare and/or Medicaid to be eligible for this Targeted Distribution. HHS’ announcement also set forth a distribution methodology for the relief, directing that “HHS will make relief fund distributions to SNFs based on both a fixed basis and variable basis. Each SNF will receive a fixed distribution of $50,000, plus a distribution of $2,500 per bed.”

SNFs wishing to receive funds from the CARES Act Provider Relief Fund are required to enter information through the CARES Act Provider Relief Fund Payment Attestation Portal and to agree to the applicable Terms and Conditions. Under these Terms and Conditions, providers must, among other requirements:

  1. Certify that they will not use the payment to reimburse expenses or losses that have been reimbursed from other sources or that other sources are obligated to reimburse;

 

  1. Submit reports to the HHS Secretary to verify compliance with the terms and conditions of payment;

 

  1. Consent to public disclosure of the payment and acknowledges that such disclosure may allow third parties to estimate the recipient’s gross receipts or sales;

 

  1. Certify that, for all care provided in the event of a presumptive or actual COVID-19 case, the provider “will not seek to collect from the patient out-of-pocket expenses in an amount greater than what the patient would have otherwise been required to pay if the care had been provided by an in-network [provider].”

 

SNFs receiving a distribution from the CARES Act Provider Relief Fund have 45 days from the receipt of the funds to attest to the Terms and Conditions. In addition to the above Terms and Conditions, providers in receipt of more than $150,000 in relief under the various packages tied to COVID-19 (including the Paycheck Protection Program and Health Care Enhancement Act) must submit a report to the HHS Secretary no later than 10 days after the end of each quarter detailing the total funds received from HHS and how those funds were allocated, among other pieces of information. The Frequently Asked Questions  published by HHS indicate that the report and the required submissions will be published by HHS in the coming weeks.

 

In the event you have follow up questions on the Targeted Distribution to Skilled Nursing Facilities or have other questions about the CARES Act Provider Relief Fund or other COVID-19 related relief, please contact your Nyemaster Goode attorney. 

 

 

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