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Texas COVID Relief Fund Reporting Mandate

Tiffany Karlin

October 13, 2021

The Texas 87th Legislature passed S.B. 809, an Act adding Chapter 81A entitled “Coronavirus Disease Public Health Emergency Reporting” to the Texas Health and Safety Code. This Act requires all health care institutions, regardless of any receipt of federal relief funds under the CARES Act, Consolidated Appropriations Act, 2021, or the American Rescue Plan Act of 2021, to report the amounts received (or zero if nothing was received) to the Texas Health and Human Services Commission. 

Providers are instructed to first complete a separate report for each type of healthcare institution to account for relief monies received during the period January 31, 2020 – August 31, 2021. 

Upon completion of this initial report, providers will need to complete subsequent monthly reports due by the 15th of every month for reporting on the month prior. For example, October 2021 reporting would be due by November 15th.

The following provider types are required to complete the report:

  • Ambulatory Surgical Centers;
  • Assisted Living Facilities licensed under Chapter 247, Health and Safety Code;
  • Emergency Medical Services Providers;
  • Health Services Districts created under Chapter 287, Health and Safety Code;
  • Home and Community Support Services Agencies;
  • Hospice Providers;
  • Hospitals;
  • Hospital Systems;
  • Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID);
  • Community Living Assistance and Support Services (CLASS) or Case Management Agency (CMA) Providers;
  • Deaf-blind with Multiple Disabilities (DBMD) Providers;
  • Home and Community-based Services (HCS) Providers;
  • Texas Home Living (TxHmL) Providers;
  • Nursing Facilities; and
  • End-Stage Renal Disease Facilities licensed under Section 251.011, Health and Safety Code

Important FAQs:

Full FAQ Document:

https://pfd.hhs.texas.gov/sites/rad/files/documents/pfc/covid-montly-report-sb809-rider143-faqs.pdf

Does a provider need to complete the report if they do not have a Medicaid contract or did not receive any Federal Provider Relief Funds?

If the provider is licensed as one of the provider types, they are a required to submit a report regardless of whether they have a Medicaid contractor received no Provider Relief Funds. If the provider did not receive any Federal Provider Relief Funds, they should enter $0 in all the questions regarding the funding or the expenditures of the funds.

Does a provider need to complete the report if they had a change of ownership (CHOW)?

If the CHOW was effective prior to January 1, 2020, then the prior owner does not need to complete the report. If the CHOW happened after January 1, 2020, then the previous owner will have to complete a report for the time period between January 1, 2020, and the CHOW date; the new owner will need to complete the report for the time period of the CHOW and August 31, 2021.

How does a provider report loans received through the Paycheck Protection Program (PPP)?

 If the provider is not a hospital, hospital system or nursing facility, do not report any loans under the PPP whether or not they are forgiven. If the provider is a hospital, hospital system or nursing facility, report in Question 28 only the funds (or goods & services received in lieu of funds) that were forgiven through the Paycheck Protection Program (PPP).

How does a hospital, hospital system or nursing facility report the use of Provider Relief Funds to offset lost revenue?

If a hospital, hospital system or nursing facility uses any of the Provider Relief Funds to offset lost revenue the amount should be reported as “other costs” in Question 34 and use the description “lost revenue” in Question 35.

How does a provider with multiple National Provider Identifier (NPI), Texas Provider Identifier (TPI), HHSC contract, etc., under a single Taxpayer Identification Number (TIN) report their Provider Relief Funds?

If a provider has multiple NPIs, TPIs, HHSC contracts, etc., under a single TIN the provider may choose to report all their Provider Relief Funds in the aggregate and identify all of the NPIs, TPIs, HHSC contracts, etc., associated with that TIN on an offline form. Contact the Provider Finance Department at HHSC_RAD_Survey@hhs.texas.gov to obtain a copy of the form.

Failure to complete and/or submit the required monthly report(s) on-time may result in one or more of the following:

  • A report to the Department of State Health Services or HHSC Regulatory Services
  • Potential adverse actions on your licensure
  • A payment hold

Deadlines:

HHSC is granting a “grace period” to help providers come into compliance if they fail to meet any deadlines between October 1, 2021, and November 30, 2021. While the deadlines to report will not change, HHSC will not take any actions against a provider as long as the provider submits all the required reports due between October 1, 2021, and November 30, 2021.

The grace period ends December 1, 2021.

Please note this is not the same report as required by HRSA for HHS Provider Relief Funds, but rather a TX State specific reporting requirement. Providers still must also meet the Federal reporting requirements with HRSA.

Where to file:

Report for initial reporting period

Subsequent monthly report

A PDF copy of the report to review the questions prior to submission:

Initial Report

Monthly Report

If you have questions about the content of the report or need technical assistance, providers are instructed to email the HHSC Provider Finance Department at HHSC_PFD_Survey@hhs.texas.gov with “COVID-19 Federal Funds Report” in the subject line.

Our dedicated healthcare team is here to assist with any questions. Contact us today to get started.

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