How to Comply with Senate Bill 809 and Report Emergency Funds

Texas Health and Human Services explains how to meet the requirements of SB 809, so ASCs can properly report on emergency health funds procured during the pandemic.

During the 87th Texas legislative session, Senate Bill 809 passed, which requires several healthcare institutions to report emergency funds for COVID-19, as well as how much has been spent related to the public health emergency. Texas Health and Human Services’ senior financial analyst for hospital finance, Tori Ponson, and the organization’s senior financial analyst for acute care, Mohib Nawab, went over this new bill and its requirements with TASCS members.

Ambulatory surgery centers are one of 15 types of institutions required to report these funds, so it is critical to understand the process and avoid consequences like adverse actions to a center’s licensure or putting provider funds on hold. While HHSC has been refraining from disciplinary action so far, it has set a new due date for all overdue reports to be turned in by March 31, 2022. “That’s why we’re coming to these association meetings to get providers to actually fill out the reports,” Mawab said. “We don’t want to put anyone on vendor hold.”

Texas Health and Human Services is collecting data through its website from almost 14,000 facilities in Texas, with about 570 ASCs on that list. These funds must be reported, because funding that went directly to providers did not go through the state’s accounting department, leaving no record of it. Once these numbers are reported, they will continue to go to the legislators, who will utilize them when making decisions about general appropriations, as well as any other funding available.

There are two types of reports ASCs must fill out. The first is the initial report, which would provide information about emergency funds from January 2020 through August 2021. This report was due on October 1, 2021, and since it is overdue, providers must email HHSC if they have not submitted it yet.

The second is a monthly ongoing report, projected to be required until September 2023. This report is always due on the first day of the second following month (so a February report would be due April 1).

This report must be filled out every month, even if the facility is going to report zero, to keep track of each center’s funding, since HHSC and legislators don’t know if a lack of report means a center didn’t receive funding or not.

The report has three sections and 31 questions providers need to answer on a monthly basis. While the report does not require any submitted proof of financial information, HHSC asks providers to be as accurate as possible. Once the report is complete, Mawab recommended printing out the page confirmation, since an email confirmation will not be received.

If any providers are unsure of what has been submitted so far, HHSC has an ongoing list that is updated weekly and that can be checked, in order to see how many reports need to be submitted, as well as ensure reports have been received. More information on SB 809 can be found here, and questions can be directed to HHSC

Visit the TASCS SB809 site for more information
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