What Is Non-Compliance?
Providers who attested to Provider Relief Fund (PRF) payment(s) 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 - 232 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 Terms and Conditions when:
- A completed report on the use of funds is not submitted by the applicable reporting deadline.
- Additional reporting time is granted due to an extenuating circumstance, but a report is not submitted as instructed.
- Unused funds are not returned within thirty (30) calendar days after the end of the applicable Reporting Time Period, applicable grace period, or applicable deadline for Requests to Report Late Due to Extenuating Circumstances process..
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
- 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.
- 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 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 payments - including any applicable Phase 4 payments.
Repayment and Debt Collection
- All non-compliant providers subject to enforcement actions will receive an official notice indicating that HRSA is seeking repayment of all PRF payments for the applicable Reporting Period.
- Providers will have thirty (30) business days after receiving their Final Notice of Reporting Non-Compliance to return the payment(s).
- HRSA will initiate repayment on all funds not reported on during the specific Payment Reporting Period.
- Example: A provider receives over $10k in PRF payments in Payment Received Periods 2 and 3. Reporting Period 2 has concluded and the provider did not report by the deadline. The provider will be considered non-compliant and will need to repay all funds received in Period 2. When Reporting Period 3 opens, the provider will be able to retain and will be required to report on the use of funds received in Period 3.
