Many of the nation’s healthcare organizations have received tens or hundreds of millions of dollars in CARES Act Provider Relief Funds distributed by the Department of Health & Human Services (“HHS”) to cover expenses and lost revenues “attributable to the coronavirus.” Provider Relief Funds come with a set of Terms and Conditions complicated by written guidance that HHS revises on a frequent basis. All of this volatility makes for an environment in which government auditors, enforcement attorneys and False Claims Act whistleblowers can too easily make allegations that providers have failed to comply with these rules and obligations and must disgorge their Provider Relief Funds and, potentially, pay significant fines and penalties.
The time is now for Provider Relief Fund recipients to prepare for the inevitable reviews, audits and Justice Department enforcement actions that will come once healthcare providers have submitted their congressionally-mandated reports on their use of Provider Relief Funds. The decisions providers make today will affect their ability to defend themselves tomorrow. King & Spalding has been providing Provider Relief Fund guidance to our clients since the first funds were distributed, and we have advised clients in addressing the nuances of HHS’s guidance and the many questions it leaves unanswered. Leveraging this experience, we have assembled a team of our regulatory, compliance and enforcement professionals to discuss potential areas of CARES Act vulnerability and best practices to avoid them. This webinar will focus on:
- The oscillating definition of “expenses attributable to coronavirus”;
- The various methodologies for measuring “expenses” and their potential pitfalls;
- Accounting for all potential “lost revenue”;
- Strategies to account for other sources of funding such as FEMA grants and private payer reimbursement that must first be applied to pandemic-related expenses and lost revenue;
- Addressing certain “high-risk” issues such as the prohibition on balance billing COVID-19 patients and using CARES Act funds on salaries that exceed Executive Level II;
- Allocation of funds across healthcare organizations;
- Tips on preparing for potential HHS OIG audits of Provider Relief Funds; and
- DOJ False Claims Act enforcement priorities with respect to CARES Act Provider Relief Funds.
If you have questions concerning this roundtable webinar, email Chayako Williams at email@example.com.
King & Spalding is an accredited provider of CLE credit in California, Georgia, Illinois, New York and Texas. We can issue reciprocal credit for attorneys licensed in Connecticut, Florida, and New Jersey. We will apply for credit in Colorado, North Carolina and Virginia (subject to MCLE Board approval). For jurisdictions not listed, attendees are provided with a Universal Certificate of Attendance. New York licensed attorneys: Transitional/Appropriate for newly-admitted and experienced attorneys. Financial aid is available for qualifying lawyers. For CLE-related questions, please contact Gisel Arias, firstname.lastname@example.org. King & Spalding, 1180 Peachtree Street NE, Atlanta, GA 30309. CA Provider #10947.