As reported in a previous blog post, the Texas 87th Legislature passed S.B. 809, an Act adding Chapter 81A entitled “Coronavirus Disease Public Health Emergency Reporting” to the Texas Health and Safety Code. This Act requires “health care institutions” who received federal relief funds under the CARES Act, Consolidated Appropriations Act, 2021, or the American Rescue Plan Act of 2021 to report the amounts received to the Texas Health and Human Services Commission. As directed in the Act, HHSC has issued proposed rules regarding the reporting requirements, comments were due September 3, 2021.

The Act defines “health care institution” as an entity listed in Texas Health and Safety Code 74.001(11).

“Health care institution” includes:

(A)  an ambulatory surgical center;

(B)  an assisted living facility licensed under Chapter 247, Health and Safety Code;

(C)  an emergency medical services provider;

(D)  a health services district created under Chapter 287, Health and Safety Code;

(E)  a home and community support services agency;

(F)  a hospice;

(G)  a hospital;

(H)  a hospital system;

(I)  an intermediate care facility for the mentally retarded or a home and community-based services waiver program for persons with mental retardation adopted in accordance with Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n), as amended;

(J)  a nursing home;  or

(K)  an end stage renal disease facility licensed under Section 251.011, Health and Safety Code.

All of the above-listed providers will be required to report the federal COVID-19 funding they received and certain costs those providers have spent related to COVID-19 public health emergency. Instructions for completing the report can be found at the Texas HHSC Provider Finance Communications page. The deadline for the initial report is October 1, 2021, and each monthly report will be due on the 15th of the month following the end of the month.