Monthly Federal Fund Reporting Requirements for Texas Providers Due Soon

Thoughtware Alert Published: Sep 24, 2021
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The 87th Texas Legislature directed the Health and Human Services Commission (HHSC) to report federal COVID-19 funding from a wide variety of Texas providers including the following:

  • Ambulatory Surgical Centers
  • Assisted Living Facilities Licensed Under Chapter 247, Health and Safety Code
  • Emergency Medical Services Providers
  • Health Services Districts Created Under Chapter 287, Health and Safety Code
  • Home and Community Support Services Agencies
  • Hospice Providers
  • Hospitals
  • Hospital Systems
  • Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID)
  • Community Living Assistance and Support Services (CLASS) or Case Management Agency (CMA) Providers
  • Deaf-Blind with Multiple Disabilities (DBMD) Providers
  • Home and Community-Based Services (HCS) Providers
  • Texas Home Living (TxHmL) Providers
  • Nursing Facilities
  • End-Stage Renal Disease Facilities Licensed Under Section 251.011, Health and Safety Code

The reporting will include federal funds received as well as certain costs those providers have spent related to the COVID-19 public health emergency. HHSC has developed a monthly report to obtain the information required. 

The initial report will include funding and cost data covering the period from January 2020 through August 2021. The initial report is due October 1, 2021. The subsequent monthly reports will cover a single month and will be due on the 15th of the month following the end of the month. 

The report comprises three sections: 1) Provider Information; 2) Relief Funding Information; and 3) Legal Certification. Providers are required to complete a report for each type of healthcare provider, although providers with multiple contracts do have the option to request and submit an offline report that will provide the ability to report all information for each individual contract on a single report. 

Part 2 consists of 11 questions in total. Providers are required to report federal funding received, including Provider Relief Funds, FEMA funds, ERC credits, and the amount of any forgiveness related to funding received through the Paycheck Protection Program. Also, in Part 2, providers are asked to provide the dollar amount of the funds received as previously noted that were spent on staffing costs, telemedicine equipment, personal protective equipment, rent and utilities, dietary supplies, and other costs. Other costs would include funds “justified” by lost revenues. HHSC stated that if any of the federal reporting requirements become public, HHSC will eliminate any portion of its monthly reporting requirements that duplicate the federal reporting requirements. 

Failure to submit the required monthly reports on time may result in 1) a report to the Department of State Health Services or HHSC Regulatory Services and potential adverse actions on your licensure and/or 2) HHSC initiating payment holds. The proposed rules were published in the Texas Register on August 13, 2021, pages 4928–4931. Providers are encouraged to review the rules to familiarize themselves on the reporting requirements. 

HHSC recently announced a “grace period” to help providers come into compliance if they fail to meet any deadlines between October 1, 2021, and November 30, 2021. While the deadlines to report will not change, HHSC stated that it will not take any of the actions listed above against a provider as long as the provider submits all the required reports due between October 1, 2021, and November 30, 2021. The grace period ends December 1, 2021.

For more information, reach out to your BKD Trusted Advisor™ or submit the Contact Us form below.

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