| (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.
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