July 5, 2020

Volume X, Number 187

July 03, 2020

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July 02, 2020

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HHS Distributes $30 Billion to Providers/Suppliers Today

After significant speculation of when and how any portion of the $100B of the CARES Act Public Health and Social Services Emergency Fund would be paid, today HHS is distributing $30B of that fund to all Medicare-enrolled providers and suppliers based on their share of the 2019 Medicare fee-for-service payments.  The funds will be administers by UnitedHealth Group, either deposited today using electronic ACH accounts (titled “HHSPAYMENT”) or paper checks sent in the mail.  A rough allocation of the funds by state is attached.

These funds are not a loan and are not required to be repaid.  A provider’s share is based on the total amount of Medicare FFS payments that the provider received in 2019 per tax identification (TIN) number.  This includes any Medicare-enrolled provider or supplier.  An estimate of the amount can be made by dividing a provider or supplier’s 2019 FFS payments (by TIN) by the total Medicare FFS payments made in 2019--$434 Billion.  Medicare Advantage payments are not included in these calculations.

Two conditions exist for the receipt and retention of these funds: (1) within 30 days of receipt, providers and supplier must attest, electronically, to the receipt of the funds, and (2) providers may not “balance bill” any patient for COVID-related treatments.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 101

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About this Author

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Colleen Faddick's practice includes advising clients regarding the structure of and relationships among health care providers and entities within the complex federal and state regulatory environment. Colleen focuses on Medicare and Medicaid reimbursement and enrollment issues and appeals, fraud and abuse and self-referral law issues, licensing and certification of health care entities, clinical trial compliance and agreements for sponsors and providers, medical device payment and manufacturer relationships with physicians. Colleen works with hospitals, large physician...

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Ross E. Sallade, Polsinelli PC, Medicare Enrollment Lawyer, Diligence Reports Attorney
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Ross Sallade provides value to clients by tackling the complex legal regulatory, operational, reimbursement and enrollment matters that others might be reluctant to handle. Ross does so by drawing upon specialized knowledge for each matter which enables him to quickly evaluate urgent issues and provide practical recommendations. He also leverages a unique skill set that enables him to identify and work with the right federal and state regulators to pinpoint the heart of the issue and make recommendations to reach appropriate resolution. His previous experience strengthens his ability to provide counsel rooted in an understanding of not only the law, but also how legal issues or regulatory changes can impact clients’ business goals.

Ross works with clients to help them navigate through the myriad of state and federal health care regulatory challenges facing them. He regularly counsels clients to aid in structuring their business transactions and relationships in compliance with federal and state regulations, including change of ownership requirements, as well as federal anti-kickback statute and federal physician self-referral (or “Stark”) laws.

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Julie E. Shroyer MSW, Advocacy Coalition Attorney, Regulatory Language Lawyer
Senior Policy Adviser

Julie Shroyer’s long-term relationships with health and education policy decision makers allow her to be a forceful voice for clients’ interests. With 25 years of government relations experience on health care issues, she is in daily contact with Washington’s leading health care experts on Capitol Hill, in regulatory agencies, national organizations, and advocacy coalitions. Her work has resulted in numerous legislative victories, including increased Congressional awareness of client policy initiatives, earmarked appropriations, and favorable legislative and regulatory...

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Alan Wheat, Polsinelli Law Firm, Washington D.C, Public Policy Attorney
Senior Policy Advisor

With 18 years of experience as an elected official, and chair of Polsinelli's Public Policy practice, the Honorable Alan Wheat, remains a highly regarded figure in Washington among his peers and former colleagues, many of whom now occupy Washington’s most senior leadership positions both on Capitol Hill and within the Administration. Recognized in Congress for his extraordinary skill in building coalitions, Congressman Wheat continues to garner support for important client concerns and initiatives in his role as Chairman for Polsinelli’s Public Policy practice.

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