HHS to Release Highly Anticipated Public Health and Social Services Emergency Fund Guidance Soon

Posted by J. Nicole Martin and Danielle Sapega on April 03, 2020
HHS

The CARES Act (“Act”) appropriates $100 billion to create a Public Health Social Service Emergency Fund (“Fund”) to prevent, prepare for, and respond to coronavirus domestically and internationally for necessary expenses to reimburse, through grants or other mechanisms, eligible health care providers enrolled in Medicare and Medicaid who provide diagnoses, testing, or care for individuals with possible or actual cases of COVID–19, for health care-related expenses or lost revenues that are attributable to coronavirus. Although the Act sets forth some high level qualifying criteria, the actual mechanism by which providers can apply for or request funds, or additional qualifiers for eligibility, if any, have not yet been released. To date, the Act notes that funds appropriated under this provision may be used for:

  • the building or construction of temporary structures
  • the leasing of properties
  • medical supplies and equipment (including PPE and testing supplies)
  • increased workforce and trainings
  • emergency operation centers
  • retrofitting facilities
  • surge capacity for hospitals and other health care facilities

It is anticipated that the detailed criteria and methodology for distribution of these funds will be published by the Department of Health and Human Services very shortly. We are closely tracking all developments related to the Fund and the anticipated guidance.  Please contact us if we can be of assistance.

J. Nicole Martin

Nicole assists accountable care organizations, health care systems, long term care providers (e.g., skilled nursing facilities, continuing care retirement communities), behavioral and mental health providers, medical device manufacturers, physician practices, and pharmacies with their compliance, regulatory, and transactional needs. Nicole’s practice includes providing clients with counsel regarding telehealth laws, HIPAA/HITECH and state privacy and security laws, data breaches, business associate and covered entity obligations, licensure laws, Medicare, Medicaid and third-party payer matters, medical staff issues, and fraud and abuse laws.

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