Uncertain Relief: Navigating CARES Act Provider Relief Fund Guidance and False Claims Act Risks

[...]almost immediately after the government began distributing PPP loans-which were intended to help small businesses continue operating during the pandemic crisis-the U.S. Department of Justice (DOJ) engaged in aggressive criminal enforcement actions across the country against PPP loan recipients for allegedly falsely certifying compliance with PPP loan requirements. The PRF is aimed at supporting health care-related expenses or lost revenue attributable to the pandemic and assuring that uninsured Americans are able to receive testing and treatment for COVID-19.5 HHS has distributed this funding to providers through multiple rounds of general and targeted allocations and reimbursement to health care providers, including over $74 billion in "General Distribution" funding and over $52 billion in "Targeted Distribution" funding directed to specific types of providers, including skilled nursing facilities; rural health care providers; Medicaid and CHIP providers; safety net hospitals; tribal hospitals, clinics, and urban health centers; dental providers; and hospitals located in COVID-19 "high-impact" areas. [...]recipients also participating in other federal response programs (e.g., PPP, FEMA emergency response funds) must carefully track that expenses or losses are not claimed twice. * Financial Tracking Requirements. [...]HHS revised the General Distribution Terms and Conditions on multiple occasions as the distributions were being made6 and has continued to amend, modify, and revise the FAQs since first issued in April 2020.