<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §355.7201Novel Coronavirus (COVID-19) Fund Reporting

(a) Introduction. The Texas Health and Human Services Commission (HHSC) collects monthly reports from health care institutions to compile legislatively-mandated reports. This section outlines the reporting requirements related to novel coronavirus (COVID-19) federal fund reporting. This section also describes the circumstances in which penalties and recoupments will be necessary for certain provider types for failure to submit required monthly reports.

(b) Definitions. Unless the context clearly indicates otherwise, the following words and terms when used in this section are defined as follows.

  (1) Health care institution--As defined by Civil Practice and Remedies Code §74.001.

  (2) HHSC--The Texas Health and Human Services Commission, or its designee.

(c) Institutions required to complete monthly reports. Health care institutions that are required to submit monthly reports include:

  (1) an ambulatory surgical center;

  (2) an assisted living facility licensed under Texas Health and Safety Code Chapter 247;

  (3) an emergency medical services provider;

  (4) a health services district created under Texas Health and Safety Code Chapter 287;

  (5) a home and community support services agency;

  (6) a hospice;

  (7) a hospital;

  (8) a hospital system;

  (9) an intermediate care facility for the mentally retarded or a home and community-based services waiver program for persons with mental retardation adopted in accordance with the Social Security Act §1915(c) (42 U.S.C. §1396n), as amended;

  (10) a nursing home; and

  (11) an end-stage renal disease facility licensed under Texas Health and Safety Code §251.011.

(d) Reporting requirements. A health care institution is required to report on moneys received under the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. §9001 et seq.), the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260), and the American Rescue Plan Act of 2021 (Pub. L. No. 117-2). HHSC may also request additional information related to direct or indirect costs associated with COVID that have impacted the provider's business operation and any other information HHSC deems necessary to appropriately contextualize the moneys received as described in this subsection. HHSC will collect information and the requested data may vary by provider type based on legislative direction.

(e) Frequency of reporting.

  (1) Submission of data will be required on a monthly basis.

  (2) Initial reporting will begin on September 1, 2021, and is due by October 1, 2021. The initial reporting period will be for January 31, 2020, through August 31, 2021. HHSC may choose to grant the provider an extension of up to 15 calendar days if the provider notifies HHSC that additional time is required to submit the initial report prior to the due date.

  (3) Subsequent monthly reports will be due by the first day of each month and will cover the time-period two months prior. For example, the report due November 1, 2021, will cover September 1, 2021 through September 30, 2021. HHSC may grant the provider an extension of no more than 15 calendar days if the provider notifies HHSC that more time is needed prior to the due date.

(f) HHSC legislatively-mandated reports. HHSC will compile reports based on submitted data and submit the reports on a quarterly basis to the Governor, Legislative Budget Board, and any appropriate standing committee in the Legislature. Quarterly reports will be submitted beginning December 1, 2021, and continue March 1, June 1, and September 1 thereafter. Upon conclusion of the Public Health Emergency, the submission frequency may be reduced to semi-annually on December 1 and June 1 of each fiscal year.

(g) Penalties for failure to report. Specified providers are required to report information as requested on a monthly basis to HHSC.

  (1) A hospital, hospital system, or nursing facility that does not report the requested information will be identified by name, including a unique identifying number, such as National Provider Identification number, in HHSC's legislatively-mandated reports.

  (2) Failure to report 2 or more times in a 12-month period will result in notification to the appropriate licensing authority who may take disciplinary action against a health care institution that violates this chapter as if the institution violated an applicable licensing law.

  (3) Failure to report will result in the issuance of a vendor hold on future payments to the identified provider after 30 days following the due date of the required report. The vendor hold will be released after the health care institution has submitted all delinquent reports to HHSC.

  (4) Appropriations in 2022-23 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021 (Article II, HHSC) 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. If HHSC is unable to utilize appropriations for nursing facilities from Strategy A.2.4 as a result of insufficient reporting from nursing facilities, HHSC will suspend all payments to nursing facilities until such a time as HHSC is authorized to continue making expenditures under Strategy A.2.4.

  (5) HHSC will offer a grace period until November 30, 2021, for a provider to submit the required reports. While the deadlines to report will not change, during that period HHSC will not take an action described in paragraphs (2) or (3) of this subsection as long as the provider has submitted all reports required under this section no later than December 1, 2021. A provider's failure to submit a report during that period will not be considered in a subsequent reporting period as long as the provider has completed all reports required under this section no later than December 1, 2021.

(h) Duration. This reporting requirement ends on August 31, 2023 or as specified by HHSC.

Source Note: The provisions of this §355.7201 adopted to be effective November 8, 2021, 46 TexReg 7571

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page