(a) Introduction. The Texas Health and Human Services
Commission (HHSC) collects semi-annual reports from hospitals and
nursing facilities 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 semi-annual
reports.
(b) Definitions. Unless the context clearly indicates
otherwise, the following words and terms, when used in this section,
are defined as follows.
(1) Authorized representative--An organization or person
authorized to report on behalf of a hospital or nursing facility.
(2) HHSC--The Texas Health and Human Services Commission,
or its designee.
(3) Hospital--A licensed public or private institution
as defined in Chapter 241 of the Texas Health and Safety Code or licensed
under Chapter 577 of the Texas Health and Safety Code.
(4) Nursing facility--A licensed public or private
institution to which Chapter 242, Texas Health and Safety Code, applies.
(c) Reporting requirements. Hospitals and nursing facilities
are required to report COVID-19 related Federal Funds received, including
funds 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 based
on legislative direction.
(d) Designation of authorized representative. A hospital
or nursing facility may designate an authorized representative to
report on behalf of that hospital or nursing facility. A document,
which may take the format of a consolidated list such as a spreadsheet,
must be submitted to HHSC and must:
(1) identify that the institution has designated the
authorized representative;
(2) identify all institutions that have designated
the authorized representative to serve in that capacity; and
(3) contain the name of the representative of the institution
that designated the authorized representative.
(e) Report submission and consolidation options. An
authorized representative for a hospital or nursing facility may submit
the required reports to HHSC in the following manner.
(1) For institutions that received no COVID-19 related
Federal Funds during the reporting period, the authorized representative
must submit a consolidated report for all institutions reflecting
$0 received; or
(2) For institutions that received COVID-19 related
Federal Funds during the reporting period, the authorized representative
must submit an individual report for each institution that received
funding.
(f) Frequency of reporting.
(1) Submission of data will be required on a semi-annual
basis.
(2) The first semi-annual report is due by March 1,
2024, and will be for the period of September 1, 2023, through January
31, 2024.
(3) Subsequent semi-annual reports will be due on September
1, 2024, and March 1, 2025.
(g) HHSC legislatively-mandated reports. HHSC will
compile reports based on submitted data and submit the reports on
a semi-annual basis to the Governor, Legislative Budget Board, and
any appropriate standing committee in the Legislature. Semi-annual
reports will be submitted June 1, 2024; December 1, 2024; and June
1, 2025.
(h) Penalties for failure to report. Specified providers
are required to report information as requested on a semi-annual basis
to HHSC.
(1) A hospital or nursing facility that does not report
the requested information will be identified by name, including a
unique identifying number, such as a National Provider Identification
number, Facility Identification Number, or License Number, in HHSC's
legislatively-mandated reports.
(2) Appropriations in the 2024-25 General Appropriations
Act, House Bill 1, 88th Legislature, Regular Session, 2023 (Article
II, HHSC, Rider 150), Strategy A.2.4, Nursing Facility Payments, for
fiscal year 2025 are contingent on the submission of the report due
June 1, 2024. 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.
(i) Duration. This reporting requirement ends on August
31, 2025, or as specified by HHSC.
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