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HHS Delays Quarterly Reporting for Provider Relief Funds

Client Alert
June 19, 2020

There is good news for providers that received either (1) General Distributions from the HHS Provider Relief Funds, or (2) Targeted Distributions from the HHS Provider Relief Funds. HHS reversed its stance requiring quarterly reports for providers that received Provider Relief Funds and PPP loan monies. The initial quarterly reports would have been due by July 10, 2020. However, on June 13, 2020, HHS delayed the quarterly reporting requirement.

In its posting, HHS stated that it is still working on developing a report that will contain all of the necessary information that is required under the CARES Act in order to comply with the reporting requirements. HHS is keeping track of the providers that have attested to receipt of the funds and will notify these providers of due dates and required reports in the next few weeks.

As a reminder, all providers that received General Distributions or Targeted Distributions should adopt a policy as part of its Compliance Program to proactively demonstrate compliance with 45 C.F.R. §75.302 and 75.361-365 as well as the applicable Terms and Conditions published by HHS.

For more information, please contact Amanda L. Waesch at 330-253-9185 or alwaesch@bmdllc.com.

HHSQuarterly ReportingProvider Relief FundsTargeted DistributionsPPP LoanAmanda L. WaeschHealthcare Providers
Client Alert

Ohio State Dental Board Implements Teledentistry Rules

May 26, 2020Ohio law defines “teledentistry” as the delivery of dental services through the use of synchronous, real-time communication and the delivery of services of a dental hygienist or expanded function dental auxiliary pursuant to a dentist’s authorization.[1] The law requires a dentist who desires to provide dental services through teledentistry to apply for a teledentistry permit from the Ohio State Dental Board (“OSDB”).[2] Pursuant to the mandate under Ohio Revised Code 4715.436, the OSDB is implementing the following teledentistry permit rules and requirements (to be set forth under Ohio Administrative Code Chapter 4715-23). These regulations, which were subject of a public hearing on February 19, 2020, are effective on May 30, 2020.Client Alert

HHS Addresses Drug Manufacturer Coupons on Out-of-Pocket Limits

May 25, 2020On May 7, 2020, the US Department of Health and Human Services (“HHS”) announced their Notice of Benefit Parameters for 2021 in which HHS addressed the application of prescription drug manufacturer copay coupons towards a patient’s out-of-pocket limit. Under this guidance, HHS will permit, but not require, plans and insurers to count direct support offered to enrollees by drug manufacturers (i.e., coupons) for specific prescription drugs toward the annual limits on cost-sharing, regardless of whether a generic equivalent is available.Client Alert

Important Updates, Deadlines, and Clarifications for the HHS Provider Relief Funds

May 22, 2020On May 20, 2020, HHS made important updates and clarifications regarding the General Distribution payments to providers. Between April 10, 2020 and April 24, 2020, HHS distributed an initial $30 billion to providers based on the provider’s 2019 Medicare fee-for-service receipts. These funds were distributed automatically and providers did not need to submit an application in order to receive these funds. The funds were originally touted as a “no strings attached” stimulus payment reserved for healthcare providers. But HHS issued a 10-page Terms and Conditions and required that providers sign an attestation confirming receipt of the funds and agreeing to the Terms and Conditions.Client Alert

Reopening & Social Media: Tips for Businesses

May 21, 2020As the country starts to reopen, businesses are under great pressure to keep employees and customers safe. Even if a business follows every reopening requirement, there will inevitably be scrutiny from within and outside the organization. And, in this world of social media, perception tends to become reality. Below are a few practical tips to avoid attracting negative press while restarting your business.Client Alert

Back to Work: Employer Documents

May 20, 2020The return of the workforce brings a renewed set of documentation requirements for employers, particularly those employers with fewer than 500 employees and any companies who received PPP funds. Back in March, employers needed a COVID-19 Leave Form and a Remote Work Policy, but things have changed.
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