The U.S. Department of Health and Human Services (HHS) released portions of the $100 billion Public Health and Social Services Emergency Fund authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).  As we’ve previously advised, these payments – an initial $30 billion distribution and a second, additional $20 billion distribution – were not loans, but they came with certain terms and conditions for acceptance and retention.

Providers must sign an attestation confirming receipt of the funds and agreeing to the terms and conditions of payment. The attestation portal is available here: CARES Provider Relief Fund. 

Initially, the attestation process, or alternatively the return of the funds, had to be completed within 30 days of receipt of the payments.  That period was subsequently extended by 15 days for a total of 45 days.  The attestation deadline has now been further extended by an additional 45 days, for a total of 90 days.

Additionally, by June 3, 2020 providers eligible for the second round of additional distributions must accept the terms and conditions applicable to those additional distributions and submit the required revenue information.

As has been the case thus far, this is an evolving situation and HHS may issue additional guidance over time.  Please contact the author of this Alert, Glenn P. Prives gprives@greenbaumlaw.com | 973.577.1776 with any questions.  Mr. Prives is a partner in the firm’s Healthcare Department.