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 - 344 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:
- 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.
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 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.
- 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.
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.
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.