Provider Requirement to Post Cash Price of COVID-19 Diagnostic Testing Pursuant to CARES Act & Potential to Incur Civil Monetary Penalties

November 2, 2020, HHS issued additional regulations to clarify the scope of this provision of the CARES Act. Specifically, HHS has indicated that “each provider of a COVID-19 diagnostic test that has a website make public the cash price information…and that the information itself, or a link to a web page that contains such information, must appear in a conspicuous location on a searchable homepage on the provider’s website”. HHS notes that the following terms should be included on the provider’s homepage in connection with this requirement: The provider’s name; “price”; “cost”; “test”; COVID”; and “coronavirus”. If the provider has no website, then the provider will be required to make public its cash price information in writing upon request within two business days to the requestor (an email will suffice here) and by posting signage prominently at the location where the provider offers a COVID-19 diagnostic testing in a place likely to be viewed by members of the public seeking to obtain and pay for such testing. Note, HHS has sought public comment on the additional regulations promulgated on November 2, 2020. The deadline for comment is January 4, 2021, however, the regulations are effective from November 2, 2020 through the end of the Public Health Emergency.

Source: https://www.jdsupra.com/legalnews/provider-requirement-to-post-cash-price-23102/?origin