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<br />7 <br />extent any amounts remain outstanding after one year, interest on the outstanding balances will accrue at the rate of <br />10.25% per annum. On April 26, 2020, CMS announced it was reevaluating and temporarily suspending the <br />Accelerated and Advance Payment Program in light of the availability of the Provider Relief Fund and the significant <br />funds available through other programs. <br />Following the announced suspension of the Accelerated and Advance Payments Program, CMS continued <br />accepting applications for accelerated or advance payments related to the COVID-19 public health emergency. A <br />Medicare provider or supplier that applied to the program is eligible to receive an accelerated or advance payment <br />during the public health emergency if the provider or supplier: billed Medicare for claims within 180 days immediately <br />prior to date of application; and is not in bankruptcy, under active medical review or program integrity investigation, <br />or subject to any outstanding delinquent Medicare overpayments. In October 2020, CMS discontinued accepting <br />applications. CMS continues to “monitor the ongoing impacts of COVID-19 on the Medicare provider and supplier <br />community.” <br /> <br />On October 1, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act amended the <br />repayment terms for recipients of accelerated and advance payments. Recipients must make repayment by contacting <br />a Medicare Administrative Contractor. The repayment period begins one year following issuance of payment and <br />continues for seventeen (17) months. Over the first eleven (11)-month period, Medicare will recoup 25% of payments <br />owed to recipients. The rate increases to 50% for the subsequent six (6) months. Medicare will bill recipients for any <br />remaining balance following the repayment period. <br /> <br />Paycheck Protection Program and Health Care Enhancement Act. The Paycheck Protection Program <br />and Health Care Enhancement Act adopted on April 24, 2020, amends the CARES Act to increase the amounts <br />authorized for the Paycheck Protection Program and authorizes an additional $75 billion in funding for the Provider <br />Relief Fund for reimbursement to eligible health care providers for health care-related expenses or lost revenues that <br />are attributable to COVID-19. It also appropriates $25 billion to the Provider Relief Fund for necessary expenses to <br />research, develop, validate, manufacture, purchase, administer, and expand capacity for COVID-19 tests. DHHS <br />established a number of terms and conditions related to the use and repayment of CARES Act funds. Funds utilized <br />for stipulated purposes need not be repaid to the federal government. Recipient providers must agree not to seek <br />collection of out-of-pocket payments from a patient treated for COVID-19. Providers must attest to a list of other <br />detailed terms and conditions, including that the provider billed Medicare in 2019, provides or provided diagnoses, <br />testing or care for individuals with possible or actual cases of COVID-19, is not currently terminated from participation <br />in Medicare, is not currently excluded from participation in Medicare, Medicaid, and other Federal health care <br />programs, and does not currently have Medicare privileges revoked. Other terms and conditions include certifying <br />that funds “will only be used to prevent, prepare for, and respond to coronavirus” and that funding will reimburse the <br />recipient “only for health care related to expenses or lost revenues that are attributable to coronavirus.” Other relief <br />provided for acute care hospitals in the CARES Act includes the elimination of the 2% reduction to Medicare <br />Payments through sequestration for a temporary period, a 20% increase to the inpatient Prospective Payment System <br />DRG weight for patients diagnosed with COVID-19 during the public health emergency, and expansion of the CMS <br />accelerated payment program. Receipt of such relief funding by the Corporation requires increased compliance efforts <br />to comply with above requirements. <br /> <br />Consolidated Appropriations Act, 2021. On December 27, 2020, former President Trump signed the <br />Consolidated Appropriations Act, 2021, which included approximately $900 billion in COVID-19 stimulus funding, <br />in addition to the 2021 federal fiscal year omnibus spending bill. The Consolidated Appropriations Act, 2021 included <br />the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Relevant provisions included increased <br />funding to the FDA for development of coronavirus vaccines, monitoring of medical product supply chains and <br />additional public health response investments, as well as funding for the federal Centers for Disease Control and <br />Prevention (“CDC”) for purposes of distributing coronavirus vaccines. The act further included a host of healthcare- <br />related provisions, such as a 3.75% increase to the Medicare physician services fee schedule for services furnished <br />during the calendar year 2021. The act extended the temporary suspension for Medicare sequestration cuts (delaying <br />the effective date from December 31, 2020, to March 31, 2021), provided for extended unemployment benefits and <br />expanded the Paycheck Protection Program. The act did not expand the Medicare Accelerated and Advance Payments <br />Program. <br />