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HHS “Reminds” Providers of June 3 Attestation Deadline
On May 20, 2020, HHS issued a press release “reminding” eligible providers that they have until June 3, 2020, to accept the Terms and Conditions and submit their revenue information to support receiving additional payments from the Provider Relief Fund’s $50 billion General Distribution.
Providers who automatically received a distribution from the second $20 billion tranche (prior to 5 p.m., Friday, April 24, 2020) must provide HHS with an accounting of their annual revenues by submitting tax forms or financial statements and agree to the program’s Terms and Conditions by June 3, 2020. Similarly, providers that have not already received additional funding must also submit tax forms and financial statements through the portal by June 3, 2020, in order to be eligible to receive potential additional funding.
This is evolving—and somewhat conflicting—guidance from HHS’ May 7 press release, which extended the attestation timeline for providers to accept or reject payments from 30 days to 45 days from receipt of payment. If providers, who automatically received a distribution from the second $20 billion tranche on April 24, 2020, were to calculate their attestation deadlines pursuant to HHS’ 45-day rule, their attestation deadline would be June 8, 2020—not June 3, 2020.
Therefore, the June 3, 2020, date appears to be a new cutoff date established by HHS for attesting to prior receipt of payments from the $50 billion General Distribution, as well as applying for additional funding. Providers who have received two payments as of April 24, 2020, must complete the attestation to the Terms and Conditions for both payments and submit financial information, including federal income tax forms and March and April 2020 lost revenue information by June 3, 2020. This date is also the last day for providers who have only received one payment as of April 24, 2020, to submit financial information in order to qualify for a potential second payment from the $50 billion General Distribution.
Key Takeaways:
- Providers have until June 3, 2020, to attest to the Terms and Conditions and submit revenue information through the General Distribution Payment Portal to support applications for additional payments from the $50 billion General Distribution.
- Providers that do not submit revenue information by June 3, 2020, will no longer be eligible to receive potential additional funding from the $50 billion General Distribution.
- Keep in mind, as well, that the 45-day deadline for agreeing to the Terms and Conditions for payments issued on April 10, 2020, from the initial $30 billion wave of dollars is just around the corner – May 24, 2020.
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The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings, and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. In some cases, the underlying legal information is changing quickly in light of the COVID-19 pandemic. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship. Please contact your legal counsel for advice regarding specific situations.