The US Department of Health and Human Services (HHS) issued two welcome announcements on October 22 relating to the CARES Act Relief Fund Provider Relief Fund (PRF). First, the agency expanded the pool of eligible recipients to “include provider applicants such as residential treatment facilities, chiropractors, and eye and vision providers that have not yet received Provider Relief Fund distributions.” The full list of providers eligible for PRF Phase 3 Payment application is listed on the HHS website, and HHS confirmed that these providers may apply “regardless of whether they accept Medicaid or Medicare.” (Read the announcement for more information.)
In a stunning move, the Centers for Medicare and Medicaid Services (CMS) has linked reporting and tracking of the incidence and impact of the coronavirus (COVID-19) disease to satisfaction of the Medicare Conditions of Participation (CoPs) for hospitals and critical access hospitals, in spite of the federal about-face that has caused confusion concerning that same reporting since the inception of the pandemic.
CMS’s Interim Final Rule (IFR) applies to a large variety of healthcare and non-healthcare providers that are currently testing for coronavirus. Hospitals, employers, and other entities are struggling to ensure they comply with an ever-changing landscape of local, state, and federal reporting requirements. However, this recent IRF subjects these entities to fairly stout enforcement consequences for failure to stay current, comply, and perform. CMS released its IFR with comment for public display on August 25 with publication in the Federal Register on September 2, 2020. Comments are due 60 days after publication.
Congress did not address federal taxation of Provider Relief Fund Payments when the CARES Act became law on March 27, 2020. In this LawFlash, our tax team analyzes the Internal Revenue Service’s recently published answers to frequently asked questions regarding taxation of these payments to healthcare providers.
Noting the upcoming July 15 deadline for both first and second quarter 2020 estimated tax payments, the authors underscore that providers will need to assess the impact of these funds on those estimates and prepare to make remittances accordingly.
Congressional stimulus packages appropriated $175 billion in relief funds under the CARES Act and the Paycheck Protection Program and Health Care Enhancement Acts for the benefit of hospitals and other healthcare providers in response to losses incurred due to the coronavirus (COVID-19) pandemic.
Please join us for a webinar on Wednesday, June 3 at 3:00 pm ET to discuss the issues associated with the pursuit of funds under business interruption insurance coverage and FEMA public assistance and how they may intersect with the acceptance of terms and conditions associated with the CARES Act provider relief funds.
Partners Jay Konkel, Jeff Raskin, and Susan Feigin Harris will discuss these issues and some common scenarios presented by client questions.
Authors’ Note: In what may be emblematic of the legal landscape in the time of coronavirus (COVID-19), after we finalized the blog post below for publication regarding the US Department of Health and Human Services updates to the HHS FAQs relating to the CARES Act Relief Fund payments made by HHS on May 19, the agency later added or updated its FAQ on the night of May 20, with some notable changes. These updates have been included (and emphasized in italics) in this republication.
With just days left until provider attestations are due related to acceptance of CARES Act Provider Relief Funds, the US Department of Health and Human Services (HHS) has recently been updating its FAQs, providing some additional clarity, and potentially confusion, surrounding the acceptance of Relief Funds from its initial tranche $30 billion of General Distribution payments. Attestations for the first tranche of payments on April 10 are due May 25, and HHS continues to furnish guidance regarding the details of the General Distribution Relief Fund.
We are celebrating our 10th year of Technology May-rathon, our annual webinar series focusing on current technology issues, trends, and developments. This year, we have a full schedule of webinars with discussions on privacy and big data, global commerce, fintech, the coronavirus (COVID-19) pandemic, and more. Be sure to register for the many healthcare webinars our lawyers will be presenting on:
- 05/05/2020 - Digital Health Privacy: From Apps to AI
- 05/12/2020 - Strengthening Design Patent Portfolios: Strategies for Medical Device Companies
- 05/18/2020 - An Introduction to Shenzhen: China’s Technology Mega-City
- 05/21/2020 - Fast Break: Digital Health Update – Current Market and Regulatory Trends for Digital Health Technologies
- 05/28/2020 - CARES Act: OTC Pathway for Novel Drug Dosage Form Technologies
- 06/01/2020 - Telehealth: COVID-19 Pandemic Unleashes New Practice Modality
And don’t forget to visit our 2020 Technology May-rathon page for our full list of programs!
As we all settle into our new sense of normalcy, Health Law Scan continues to monitor developments surrounding the coronavirus (COVID-19) pandemic. We have lawyers across the firm providing updates on a wide variety of topics to keep our clients apprised of all the developments.
The Centers for Medicare & Medicaid Services (CMS) announced on April 26 that it will no longer be accepting new applications for the Medicare Accelerated/Advanced Payment Program (AAPP).
Morgan Lewis is staying informed on all of the developments surrounding the coronavirus (COVID-19) pandemic. Our healthcare team continues to follow developments, producing a number of publications and webinars to help keep our healthcare industry readers informed.
COVID-19 Healthcare Provider Updates: We have hosted a number of brief webinars addressing questions of interest to healthcare providers during this time:
- NLRA in the Time of COVID: The Rise of Employee Activism and Public Shaming of Employers and How Unions Are Taking Advantage
- Changing Guidelines on the Use of Facemasks and Other PPE: OSHA Implications and the PREP Act
- PREP Act and Other Considerations for Hospitals Experimenting with COVID Treatments