Provider Relief Fund Eligibility Expanded to All Assisted Living Facilities

On September 1, 2020, the Department of Health and Human Services (“HHS”) announced that Assisted Living Facilities (“ALFs”) are now eligible to apply for payments under the Provider Relief Fund (“PRF”). ALFs have until September 13, 2020 to begin the application process.

The PRF is a multi-billion-dollar fund created by Congress through the CARES Act to provide financial relief to healthcare providers during the COVID-19 pandemic. The PRF is administered by HHS and the Health Resource Services Administration (“HRSA”). HHS has subdivided the PRF into various allocations and distributions. Expanded eligibility for ALFs falls under the Phase 2 General Distribution, which is meant to cover providers who did not receive payments under the initial Phase 1 General Distribution.

Some ALFs who bill Medicare or Medicaid were eligible for payments under prior PRF distributions. ALFs who do not bill Medicare or Medicaid are now eligible to apply for a payment if: 1) they filed a federal tax return for fiscal years 2017, 2018, or 2019 (or are exempt from filing a return), 2) provided patient care after January 31, 2020, 3) have not permanently ceased providing patient care,  4) are not otherwise excluded from federal health care programs, and 5) agrees to the terms and conditions of the payment.

ALFs have until 11:59 p.m. EST on September 13, 2020 to begin their application by submitting their Tax ID Number (“TIN”) through the Provider Relief Fund Application and Attestation Portal. To facilitate validation of TINs, HHS developed the curated list of ALFs from state licensing boards/organizations, the American Health Care Association (“AHCA”), National Center for Assisted Living (“NCAL”), and other groups. ALFs with TINs on the curated list will have an expedited application and validation process. ALFs with TINs not on the curated list are still eligible to apply but may encounter a longer application and validation process.

Payments to ALF will be calculated as 2% of revenue from patient care, as reported on the applicant’s most recent federal tax filing. Payments will be made to the TIN holder, not to subsidiaries. ALFs who received a payment under Phase 1 General Distribution are eligible to apply for additional payment under Phase 2 General Distribution if they have not received payment equal to the 2% of annual revenue for patient care.

For over 35 years, Wachler & Associates has represented healthcare providers and suppliers nationwide in a variety of health law matters, and our attorneys can assist providers and suppliers in understanding new developments in the Provider Relief Fund. If you or your healthcare entity has any questions pertaining to healthcare compliance, please contact an experienced healthcare attorney at 248-544-0888 or wapc@wachler.com.