The Public Health and Social Services Emergency Fund
The CARES Act, signed into law on March 27, 2020, created numerous emergency relief funds available to a wide variety of industries, including a $100 billion appropriation to the Public Health and Social Services Emergency Fund. An additional $75 billion was added to this fund on April 23, 2020 by the Paycheck Protection and Health Care Enhancement Act. These funds are available to eligible health care providers and other entities to cover health care related expenses or lost revenues that are attributable to coronavirus. The Department of Health and Human Services (HHS) has already begun distributing the funds, and providers that wish to keep them have 30 days from receipt to attest to a detailed set of terms and conditions. HHS has announced there will be significant anti-fraud and auditing work, including the work of the Office of the Inspector General.
Providers accepting this emergency relief need to be proactive to avoid the foreseeable consequences of audit findings, government enforcement actions and false claims/qui tam complaints. Developing and maintaining a robust compliance program is key. Foley Hoag's healthcare and fraud and abuse attorneys will discuss these new requirements, provide compliance best practices to avoid liability and discuss the potential for government enforcement actions and whistleblower complaints if fund recipients do not adhere to their certifications.
- Kristyn DeFilipp, Partner, Foley Hoag LLP
- Caroline Donovan, Partner, Foley Hoag LLP
- Michael Licker, Partner, Foley Hoag LLP
- Ross Margulies, Associate, Foley Hoag LLP