The deadline to apply for the private pay distribution from the CARES Act provider relief funds for assisted living providers has passed.
On September 1, HHS formally announced a private pay distribution from the CARES Act provider relief funds for licensed assisted living providers. As anticipated based on recent discussions, the distribution model mirrors that of the Medicaid distribution previously announced and will total 2% of annual gross revenue for private pay providers that submit an application and are validated by HHS. Private pay providers can submit an application by visiting hhs.gov/providerrelief and the deadline for applications.
These HHS resources may be helpful as your prepare to submit your application:
Below, you’ll find FAQs prepared by Argentum on issues related to eligibility, application clarifications, change of ownership, and usage of funds. We recommend that you review the application and application process with your organization’s counsel.
IMPORTANT: If you submitted your data through the Trade Association Portal previously, you MUST ALSO complete the HHS application to be considered for funding. Your previous submission on the Trade Association Portal was necessary for HHS to validate your TIN(s) and will expedite your application, but does not take the place of the HHS application.
If I already submitted my assisted living licensure information to the Trade Association Portal, do I still need to complete this application process?
Yes, applicants must complete the Provider Relief Fund Application. However, HHS has already vetted your TIN number(s), so your application will be expedited.
If I did not provide my assisted living licensure information to the Trade Association Portal, am I still eligible to apply?
Yes, applicants that did not provide their assisted living licensure information to the Trade Association Portal are still eligible and should complete the application. It may take longer for these applicants to receive their funds because HHS will need to validate their TIN number(s).
If I applied for and received Provider Relief Funds for Medicaid, but also have private pay licensed assisted living, can I apply for these funds?
Applicants that were eligible for Phase 1 – General Distribution payments are also eligible for Phase 2 – General Distribution payments only if the applicants have not yet received payment that equals approximately 2% of revenue from patient care.
If I previously applied for Phase 2 General Distribution Medicaid Funds, but received less than 2% of gross revenue, may I apply for additional funds through the private pay portal?
No. There is a chance that additional funding could be made available in the future that these providers could apply to receive.
In my state, assisted living and memory care is certified, not licensed. Should I still submit my data?
Yes. We are using the term “licensure” generically, and it includes states that register or certify assisted living communities.
My state does not use the term “assisted living.” Should I still input my data?
Yes. We are using the term “assisted living” generically, and it includes whatever terminology your state uses for licensing “assisted living”. Check the box that says you provide assisted living.
My state has more than one licensure category for assisted living. Should providers in all those licensure categories apply?
Yes. We know some states have both personal care home and assisted living licensure categories. Both types should submit their data.
If I operate only independent living communities, am I eligible to apply?
Independent living communities that are licensed or certified in their state under assisted living facility categories are eligible to apply.
If I have licensed private pay assisted living as part of a CCRC, am I eligible to apply?
Applicants that have licensed private pay assisted living as part of a Continuing Care Retirement Community (CCRC) are eligible to apply if they did not receive payment under Phase 1 of the General Distribution that equals approximately 2% of revenue from patient care.
If my community has already applied for Phase 2 General Distribution payments according to its status as a Medicaid provider, can the community now apply again for Phase 2 General Distribution payments according to its status as an assisted living facility?
Facilities that have already applied for Phase 2 General Distribution payments may submit a second application reflecting its status as an assisted living facility, so long as the payment received under the first Phase 2 application did not exceed approximately 2% of revenue generated from patient care.
If my community has not opened yet, am I eligible to apply?
If a facility has not opened, then the facility has not yet provided diagnoses, testing, or care for individuals with possible or actual cases of COVID-19, and thus are not eligible to apply. These facilities may become eligible once they open and begin providing diagnoses, testing, or care for individuals with possible or actual cases of COVID-19 if HHS announces a future distribution. HHS broadly views every patient as a possible case of COVID-19, therefore, care does not have to be specific to treating COVID-19. Recipients of funding must still comply with the Terms and Conditions related to permissible uses of Provider Relief Fund payments.
What limitations are placed on the use of funds received under the Provider Relief Fund General Distribution?
Provider Relief Fund payments are available to qualified providers for healthcare-related expenses or lost revenue due to the COVID-19 pandemic. HHS broadly views every patient as a possible case of COVID-19, therefore, care does not have to be specific to treating COVID-19. Retention and use of these funds are subject to certain Terms and Conditions available here.
If I made a mistake on my application can I amend it?
Some errors will trigger a follow up from HHS for clarification.
What is an Organizational TIN?
Organizational TIN is a term used on the portal for the Parent Company’s tax-filing entity Tax ID Number. Therefore, HHS expects the same Organizational TIN to be associated with multiple Facility TINs. Ultimately, HHS will validate the Organizational TIN to a tax return.
What is the Facility TIN?
Facility TIN is the tax ID number related to the entity that was issued a license. If an applicant has multiple licenses for the same Facility Tax ID number, the applicant must provide information that would identify which license goes with which Facility TIN.
What if my Legal Entity Name is different from the name on the License?
In this scenario, the applicant will provide the Legal Entity name that is associated with the Facility TIN. The License number will be used to map the facility to the Facility TIN.
How do I present my Organizational and Facility TINs?
Organizational and Facility TINs must be presented without dashes or special characters; just numbers.
If I have independent living and skilled nursing beds consolidated in an Organizational TIN, can I still apply for these funds?
Yes, but applicants must not include any revenue associated with skilled nursing beds; they are specifically excluded, as they have received Medicare funds. Furthermore, applicants must not include any revenue associated with independent living beds if they are not associated with an assisted living license.
In Massachusetts, we don’t have license numbers. Are my communities still eligible?
What if my Facility Tax ID Number is the number used on the federal tax return for the facility income?
Please add the number in both the Facility Tax ID and Taxpayer ID fields.
What if my facility does not have a unique Federal Tax ID number?
Include the Federal Tax ID number for the federal tax filing entity reporting the facility’s income under both the Facility Tax ID Number and Taxpayer ID Number fields.
What if my facility has a unique Federal Tax ID Number but is reporting its income in a consolidated federal tax return of a Parent Company, Partnership, etc.?
Include the facility Federal Tax ID Number under the Facility Tax ID Number field and the Federal Tax ID Number for the federal tax filing entity under the Taxpayer ID Number field.
What if my facility has a unique Federal Tax ID Number which is also the number of the Federal tax filing entity?
Include the number under both the Facility Tax ID Number and the Taxpayer ID Number fields.
If I have a facility entity(s) that is a taxpayer that is also a disregarded entity(s) for Federal taxes but files as part of a consolidated Federal return of a Parent Company or partnership, would the Taxpayer ID Number be used for the Facility ID Number field, or should the parent company or partnership Federal Taxpaying ID Number be used?
The parent company or partnership Tax ID Number should be used. For this situation, in the Facility ID Number field enter the Federal Tax ID Number of the disregarded entity and in the Taxpayer ID Number field enter the Federal Tax ID Number used on the Parent company or partnership federal return.
How should assisted living facilities calculate revenue from patient care?
“Patient care” means health care, services and supports, as provided in a medical setting, at home, or in the community to individuals who may currently have or be at risk for COVID-19, whereby HHS broadly views every patient as a possible case of COVID-19. Assisted living facilities that are applying for Phase 2 – General Distribution funds may include patient care revenue that supports residents’ nutritional, housing, activities of daily living, and medical needs, including purchased services.
What happens regarding change of ownership in late 2019 or 2020?
What happens for funding of communities that opened in late 2019 or 2020?
Communities that opened in late 2019 or 2020 are still eligible to receive Provider Relief Fund payments so long as they provided on or after January 31, 2020, diagnoses, testing, or care for individuals with possible or actual cases of COVID-19. HHS broadly views every patient as a possible case of COVID-19, therefore, care does not have to be specific to treating COVID-19. Recipients of funding must still comply with the Terms and Conditions related to permissible uses of Provider Relief Fund payments.
Email us at HHSproviderfund@argentum.org. If we are unable to answer your question(s), we will share with HHS for consideration for their FAQs.