In response to the COVID-19 pandemic, the U.S. Department of Health and Human Services (HHS) released portions of the $100 billion Public Health and Social Services Emergency Fund authorized under the Coronavirus Aid, Relief, and Economic Security Act (CARES ACT).  These payments were not loans, but they came with certain terms and conditions for acceptance and retention.

Providers must sign an attestation confirming receipt of the funds and agreeing to the terms and conditions of payment. The attestation portal is available here: Portal. 

Originally, the attestation process, or in the alternative, return of the funds, had to be completed within 30 days of receipt of the payments.   That period has now been extended by 15 days for a total of 45 days. 

As has been the case thus far, this is an evolving situation and HHS may issue additional guidance over time.  We will keep you advised accordingly.

Please contact the author of this Alert, Glenn P. Prives gprives@greenbaumlaw.com | 973.577.1776 with questions or to discuss your individual circumstances.  Mr. Prives is a partner in the firm’s Healthcare Department.