January 9th, 2022
Reminder: SB 809 / Rider 143 COVID-19 Reporting
The Health and Human Services Commission (HHSC) is posting the list of healthcare institutions, as identified by HHSC, who must submit reports in compliance with Senate Bill 809 or Rider 143. The list also identifies those providers who have not submitted a SB 809/Rider 143 Report. The list can be found on the Provider Finance website under SB 809/Rider 143 COVID-19 Reporting Healthcare Institution List. Note: this list is for the reporting periods of January 2020 – August 2021, September 2021, and October 2021, which were all due 5:00 PM CST on December 1, 2021.
If you believe there is an error in the list, please email us with “SB 809/Rider 143 Reporting” in the subject line by 5:00 PM CST on January 5, 2022.
If all required reports by a provider have not been received by 5:00 PM CST on January 5, 2022, HHSC will begin immediate enforcement of disciplinary actions as authorized by Title 1 Texas Administrative Code Section 355.7201 (TAC) related to the penalties for failure to report. The health care institutions that have “not submitted” are deemed non-compliant at this time.
The initial report required from providers includes funding and cost data covering the period January 2020 through August 2021. The subsequent reports will be ongoing and will cover a single month; each monthly report will be due on the 1st of the second following month following the end of the month (for example, the report for November 2021 data will be due January 1, 2022).
December 30th, 2021
GovDelivery Update: SB 809 / Rider 143 COVID-19 Reporting
This is a notification that HHSC has identified an error in the list of healthcare institutions that have submitted and have not submitted a SB 809 / Rider 143 report. HHSC has now resolved this matter.
HHSC has published a corrected list on the Provider Finance website under SB 809/Rider 143 COVID-19 Reporting Healthcare Institution List.
If you have any questions or concerns regarding this list, please email us with “SB 809/Rider 143 Reporting” in the subject line by 5:00 PM CST on January 5, 2022.
December 14th, 2021
Very Important News! The due dates for the SB 809 Monthly COVID-19 Reports have changed.
Previously the reports were due on the 15th of the month following the month which the report covered. They are now due on the 1st of the second following month. Example: The report covering November is now due January 1, 2022 rather than December 15, 2021. See updated message on HHSC’s webpage below.
The initial report located here includes funding and cost data covering the period January 2020 through August 2021 and is due October 1, 2021. The subsequent reports (located here) will be ongoing and will cover a single month; each monthly report will be due on the 1st of the second following month following the end of the month (for example, the report for September 2021 data will be due November 1, 2021.)
November 30th, 2021
November 14th, 2021
PROVIDER REPORT GRACE PERIOD
HHSC is granting a “grace period” to allow providers time to 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 of the available 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.
Because vendor hold can be imposed for lack of compliance and non-compliance will impact a provider’s eligibility to receive the state-controlled ARPA funds made available through SB 8 (Nelson, 3rd Special Session). Please share this information!
Very Important!!! State-Controlled ARPA Funds in relation to COVID-19 Reporting Requirements: Section 33, Subsection (b) of SB 8 states “it is the intent of the legislature that HHSC prioritizes grants to grantees that comply with Rider 143 (SB 1, 87th Session) and SB 809 (87th Session).” [Rider 143 DOES NOT apply to ICFs/IID, HCS, TxHmL, CLASS or DBMD]. This statutory provision may result in many providers not being eligible to receive these funds. Many providers may have overlooked the notices related to the monthly reporting requirement or believed that the requirement did not apply to them, thus they have asked whether HHSC would be amenable to allowing providers to come into compliance before the grants are distributed.
HHSC has said that providers have until December 1st, 2021 to come into compliance. Non-compliance during this ‘grace’ period would not impact one’s eligibility, but non-compliance after the grace period would have an adverse impact on a provider receiving the grant. While excellent news, we would urge providers to comply with the requirement and submit any reports previously not submitted. As stated under the COVID-19 Monthly Reporting Requirement section of this message, non-compliance can also result in vendor hold.
For questions about the reporting process, email HHSC Provider Finance Survey for assistance at: HHSC_RAD_Survey@hhs.texas.gov
Information and FAQs Please visit the HHSC Provider Finance Department Communications web page for more information about the report. Then click on “Monthly SB 809/Rider 143 COVID-19 Reporting.”
October 3rd, 2021
Don’t Forget, The 1st Monthly Ongoing Provider Report is Due October 15th, 2021!
The ongoing SB 809 and Rider 143 report and further information—including a PDF version of the report questions—are available on the HHSC Provider Finance Department website, and may be accessed on the main webpages for Acute Care Services, Hospitals and Clinic Services, and Long Term Services and Supports. Please note that this Microsoft Form link is separate from the initial report that covered the period of January 31, 2020 – August 31, 2021.
HHSC is granting a “grace period” to allow providers time to 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 take no action against a provider as long as the provider submits all required reports due between October 1, 2021, and November 30, 2021, prior to the end of the grace period. The grace period ends December 1, 2021.
Sept. 18th, 2021
FAQ’s For Compliance With SB809 & Rider 143: Monthly Provider Reporting Requirements Concerning COVID-19 Funding
The 87th Texas Legislature directed the Health and Human Services Commission (HHSC) to report federal COVID-19 funding from specific health care institutions, and certain costs those providers have spent related to COVID-19 public health emergency. HHSC has developed a monthly report to obtain the information required by Rider 143 (.pdf) (2022-23 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021 (Article II, HHSC, Rider 143) and S.B. 809 (.pdf) (87th Legislature, Regular Session, 2021).
Frequently Asked Questions (FAQ):
View the HHSC created list of “frequently asked questions ” (FAQ) (.pdf) with the answers to common questions to assist providers in completing the report.
The initial report located here includes funding and cost data covering the period January 2020 through August 2021 and is due October 1, 2021. The subsequent reports will be ongoing and will cover a single month; each monthly report will be due on the 15th of the month following the end of the month (for example, the report for October 2021 data will be due November 15, 2021.
You will receive a confirmation once your report has been fully completed and submitted.
A pdf version of the report is available here (.pdf) for review prior to submitting the report.
If you are unable to meet the reporting deadline please contact the Provider Finance Department at HHSC_RAD_Survey@hhs.texas.gov for assistance.
Failure to submit:
Failure to complete and/or submit the required monthly report(s) on time will result in:
- A report to the Department of State Health Services or HHSC Regulatory Services and potential adverse actions on your licensure and/or
- HHSC may initiate payment holds for providers who fail to submit the required monthly reports.
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 any of the actions listed above against a provider as long as the provider submits all the required reports due between October 1, 2021, and November 31, 2021. The grace period ends December 1, 2021.
List of Some Of The Providers Required to Complete Reports:
Here are some of the following entities that are required to complete the report:
- 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;
Please email the HHSC Provider Finance Survey for assistance at HHSC_RAD_Survey@hhs.texas.gov.
September 18, 2021
As required by Senate Bill (SB) 809 and Rider 143 of the 87th Legislature (regular session)(copied below), HHSC will begin collecting information on the total value and uses of COVID-19 related Federal funds through monthly reports. The first report is due October 1, 2021. Reminder of Publication of Proposed Rules
HHSC published proposed rules related to SB809 and Rider 143 in the Texas Register on August 13, 2021, pages 4928-4931. The comment period ends September 3, 2021.
Reporting Requirement: COVID-19 Funding to Nursing Facilities and Hospitals. Out of funds appropriated above in Strategy B.1.1, Medicaid Contracts and Administration, the Health and Human Services Commission (HHSC) shall develop a report detailing the total value and uses of COVID-19-related Federal Funds, including Provider Relief Funds, provided directly to nursing facilities and hospitals contracting with HHSC since the beginning of the public health emergency. The report should include any temporary rate increases provided to nursing facilities related to the COVID-19 pandemic. Any facilities that do not provide information requested by the commission necessary to complete the report shall be identified in the report. The first submission of the report shall also include a description of any requirements implemented for nursing facilities in response to the COVID-19 pandemic, the cost to nursing facilities to implement the requirements, and recommendations on whether or not the requirements should be continued after the end of the public health emergency. HHSC shall submit the report to the Governor, Legislative Budget Board, and any appropriate standing committee in the Legislature on December 1st and June 1st of each fiscal year. The format and content of the report shall be specified by the Legislative Budget Board and posted on the HHSC website. Appropriations in Strategy A.2.4, Nursing Facility Payments, for fiscal year 2023 are contingent on the submission of the reports due December 1, 2021 and June 1, 2022.
Please look for forthcoming announcements from HHSC regarding these important reporting requirements. For more information, please contact HHSC Provider Finance.