On April 11, 2022, the Health Resources & Services Administration (“HRSA”) opened a portal that allows providers who were required to report on use of funds under Provider Relief Fund Reporting Period 1, but failed to do so, to request to submit a late report due to “extenuating circumstances.” If the request to report late is granted, the provider will be allowed access to the Reporting Portal to complete the report that was originally due by December 2021. In order to meet the “extenuating circumstance” threshold, a provider must attest that one of the following allowable extenuating circumstances applied at the time of the deadline:
- 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 has made clear that providers whose request to report late is denied will remain non-compliant with the Terms and Conditions of receipt of Provider Relief Funds. Additionally, providers may not use the request to report late process to edit or adjust already submitted reports.
Providers who need to take advantage of the Request to Report Late Due to Extenuating Circumstances process should move quickly. Requests to report late may only be submitted from Monday, April 11 to Friday, April 22, 2022 at 11:59 p.m. ET.
For more information, please contact Hedy Rubinger or Alex Foster.
The Arnall Golden Gregory Change of Ownership (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 closings, 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.