CARES Act: Payments Available Under the Public Health and Social Services Emergency Fund
In the $2 trillion Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Congress appropriated over $127 billion to the Public Health and Social Services Emergency Fund (“PHSSEF”) for the coronavirus disease 2019 (“COVID-19”) response. Over $27 billion will be available for the development and purchase of vaccines, therapeutics, diagnostics and medical supplies, and other preparedness and response activities. Another $100 billion will be made available through the U.S. Department of Health and Human Services (“HHS”) to reimburse eligible health care providers for certain health care related expenses or lost revenues that are attributable to COVID-19. The CARES Act does not specify how the HHS Secretary must prioritize allocations of the $100 billion, other than that funds be provided to eligible health care provider applicants on a rolling basis. It is unclear if applications for and allocations of the $100 billion in PHSSEF funds will take into account the healthcare providers’ number of confirmed COVID-19 cases or the percentages of lost revenues attributable to COVID-19.