Returned Provider Relief Funds for Failure to Report? You May Be Able to Get them Back

The Health Resources & Services Administration (“HRSA”) has allowed Provider Relief Fund (“Fund”) recipients who failed to timely report on use of Funds, but still retained them, to request to report late. We previously reported on the opportunity to report late in these circumstances for both Reporting Period 1 and Period 2. Left out of the opportunity were Fund recipients who returned Funds for failure to report prior to HRSA’s announcement regarding reporting late. Such providers will be pleased to learn that HRSA will now allow these providers to have a one-time opportunity to have their Reporting Period 1 Funds reissued. At present, HRSA estimates that the window for report submissions will be August 22 to September 9, 2022.

In order to apply to have Funds reissued, providers should adhere to the following process:

• Register in the PRF Reporting Portal.
• Submit a request to participate via a DocuSign form between July 18 and July 29, 2022 at 11:59 p.m. ET. A link to the form will be available in the coming weeks.
• Requests will be reviewed and providers will be notified when they may submit a Reporting Period 1 report via the Reporting Portal.
• Providers will have approximately ten business days to complete the report.

As with previous rounds of requests to report late, a provider must attest to meeting an “extenuating circumstance” in order to report late. The following is a list of the “extenuating circumstances”:

• Severe illness or death – a severe medical condition or death of a provider or key staff member responsible for reporting hindered the organization’s ability to complete the report during the Reporting Period.
• Impacted by natural disaster – a natural disaster occurred during or in close proximity of the end of the Reporting Period damaging the organization’s records or information technology.
• Lack of receipt of reporting communications – an incorrect email or mailing address on file with HRSA prevented the organization from receiving instructions prior to the Reporting Period deadline.
• Failure to click “Submit” – the organization registered and prepared a report in the PRF Reporting Portal, but failed to take the final step to click “Submit” prior to deadline.
• Internal miscommunication or error – internal miscommunication or error regarding the individual who was authorized and expected to submit the report on behalf of the organization and/or the registered point of contact in the PRF Reporting Portal.
• Incomplete Targeted Distribution payments – the organization’s parent entity completed all General Distribution payments, but a Targeted Distribution(s) was not reported on by the subsidiary.

HRSA’s announcement regarding the ability to report late is available here.

For more information, please contact Hedy Rubinger or Alex Foster.

The Arnall Golden Gregory CHOW team leads all regulatory aspects of healthcare transactions for investors, operators, managers, capital partners, and developers of every size in all 50 states. The team streamlines the regulatory process so that clients close their transactions on or ahead of schedule. Whether obtaining licensure and Medicare/Medicaid approvals, structuring transactions to expedite closing, anticipating issues to minimize cash flow disruption, negotiating regulatory terms in deal documents, creatively resolving diligence issues, or advising on CHOW guidelines and compliance, the team provides extensive experience and practical solutions. To date, the CHOW team has served as primary regulatory counsel in transactions valued at more than $25 billion.​