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U.S. Department of Health & Human Services Health Resources & Services
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 1. Home
 2. Provider Relief
 3. Compliance Overview
 4. Non-Compliance with Provider Relief Fund and American Rescue Plan Rural
    Reporting Requirements




NON-COMPLIANCE WITH PROVIDER RELIEF FUND AND AMERICAN RESCUE PLAN RURAL
REPORTING REQUIREMENTS


WHAT IS REPORTING NON-COMPLIANCE?

Providers who attested to Provider Relief Fund (PRF) and/or American Rescue Plan
(ARP) Rural payments agreed to the Terms and Conditions of the payment(s),
including a requirement to report on the use of the funds. Per the Post-Payment
Notice of Reporting Requirements (PDF - 176 KB), providers who received one or
more payments exceeding, in the aggregate, $10,000 during a Payment Received
Period are required to report on the use of funds. Providers are considered
non-compliant with the reporting requirements Terms and Conditions when:

 1. A completed report on the use of funds is not submitted by the applicable
    reporting deadline.
 2. Additional reporting time is granted due to an extenuating circumstance, but
    a report is not submitted as instructed.

HRSA will officially notify all non-compliant providers alerting them of their
non-compliant status with instructions on how to remediate their status (if
applicable).


REMEDIATING COMPLIANCE STATUS

 1. For all reporting periods, HRSA has and will provide an opportunity based on
    extenuating circumstances for Reporting Entities to complete reports and
    come into compliance in order to retain the funds received during the
    applicable Payment Received Period. Extenuating circumstances may include,
    but are not limited to, natural disasters, death or serious illness of the
    individual(s) responsible for reporting, or not receiving HRSA reporting
    notifications. Review the Request to Report Late Due to Extenuating
    Circumstances webpage for more information on this process.
 2. Providers who are non-compliant and who do not utilize this opportunity for
    late reporting will be required to return all funds to HRSA that were not
    reported on in order to be compliant.  Providers that fail to repay funds
    upon notice from HRSA may be subject to initiation of debt collection.
    Review the Repayment and Debt Collection webpage for more information. 
 3. Providers whose Request to Report Late Due to Extenuating Circumstances is
    denied will need to return funds to become compliant with their PRF
    reporting requirement.


RETURNING FUNDS

HRSA will not require non-compliant providers to return funds until after the
opportunity to Request to Report Late Due to Extenuating Circumstances for a
Reporting Period. Providers who submit a request will be notified by HRSA if
their request is approved or denied. Providers whose request is approved will
receive a notification to proceed with completing the report.

Details and instructions on how to return funds can be found on the Returning
Funds webpage and the PRF Reporting Portal.


REPERCUSSIONS FOR NON-COMPLIANCE


EXCLUSION FROM FUTURE PAYMENT(S)

As described in the Terms and Conditions, HHS reserves the right to administer
penalties for non-compliance. Providers subject to enforcement actions whose
organizations do not come into compliance by returning funds will be excluded
from receiving and/or retaining future PRF and/or ARP Rural payments.


REPAYMENT AND DEBT COLLECTION

HRSA will request repayment twice before issuing a Final Repayment Notice.
Providers have 60 days from the date of the Final Repayment Notice to take
action. Review the Repayment and Debt Collection webpage for more information on
this process.  

Providers can submit a request for a Decision Review to dispute HRSA’s request
for repayment. The Decision Review Process is only for providers that have
received a Final Repayment Notice and do not agree with the repayment amount or
reason(s) contained in the Notice. 

Date Last Reviewed:
December 2022
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