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UPDATE: CMS Finalizes Rule Requiring Greater SNF Ownership Transparency, Including Private Equity and REIT Disclosures, and...

The Centers for Medicare & Medicaid Services (“CMS”) released a final rule on November 15, 2023 (published on November 17, 2023) (the “Rule”), requiring greater skilled nursing facility (“SNF”) ownership transparency. The...more

Home Health & Hospice Quarterly - Q3

AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more

CMS Proposes Expansion of 36-Month Rule to Include Hospice Providers

The Centers for Medicare & Medicaid Services (“CMS”) issued a Proposed Rule on July 10, 2023, that, if finalized, will revise the Medicare Provider Enrollment requirements to expand the current Home Health Agency (“HHA”)...more

CMS Announces Enhanced Oversight for New Hospices in Four States

Effective July 13, 2023, the Centers for Medicare & Medicaid Services (“CMS”) announced a period of enhanced oversight for new hospices in Arizona, California, Nevada, and Texas. According to the Medicare Learning Network...more

Proposed Rule Highlights Continued Push by CMS for Skilled Nursing Facility Ownership Transparency

In recent years, the Biden administration and Congress have pushed for greater transparency in skilled nursing facility ownership. In an effort focused on increased ownership disclosures specifically related to private equity...more

DCH Proposes Changes to Hospital Permit Regulation

The Georgia Department of Community Health (“DCH”) recently announced its intent to revise the Georgia regulations governing the hospital permit requirement, specifically Ga. Comp. R. & Regs 111-8-40-.03. The proposed rule...more

The Georgia Department of Community Health Approves New Requirements for Personal Care Homes and Assisted Living Communities

On August 12, 2021, the Georgia Department of Community Health unanimously approved revisions to the rules for Personal Care Homes (PCHs) and Assisted Living Communities (ALCs). These revisions modify the Regulations for...more

CHOW Considerations for Medicare Chain Providers: The Importance of Knowing Your MAC

All Medicare providers must update their enrollment information to reflect changes in ownership (CHOWs) within 30 days after the CHOW. Providers must report CHOWs to the applicable Medicare Administrative Contractor (MAC)....more

Georgia DCH Publishes Proposed Rules that Update Operational Requirements for Personal Care Homes and Assisted Living Communities

On June 10, 2021, the Georgia Department of Community Health provided public notice of its intent to revise the regulations for Personal Care Homes and Assisted Living Communities. The revised regulations are intended to...more

Georgia Department of Public Health Issues Additional Update on Reopening Guidance for Long-Term Care Facilities

On May 17, 2021, the Georgia Department of Public Health (DPH) issued an updated Administrative Order regarding reopening guidance for long-term care facilities. Commissioner Toomey previously issued an Order of reopening...more

Georgia Department of Public Health Issues Updated Reopening Guidance for Long-Term Care Facilities

On April 7, 2021, Commissioner Toomey of the Georgia Department of Public Health (DPH) issued an Administrative Order that provides new reopening guidance for long-term care facilities, which includes intermediate care...more

Deadline Approaching for Licensure of Georgia Long Term Care Administrators

Effective July 1, 2021, Administrators of Assisted Living Communities and Administrators of Personal Care Homes with twenty-five (25) beds or more must hold licenses issued by the Georgia State Board of Long-Term Care...more

Nursing Home Industry Group Recommends Policy Change Aimed at Ownership Transparency and Accountability

A group of individuals with ties to the nursing home industry recently published a commentary in the journal Health Affairs and opined that complex ownership structures used by many nursing home operators make it difficult to...more

Georgia Proposes Rules to Implement New Standards for Assisted Living Facilities and Personal Care Homes

New standards for assisted living facilities and personal care homes were among the changes included in Georgia House Bill 987, the “Disabled Adults and Elder Persons Protection Act,” which Governor Kemp signed into law on...more

COVID-19 Vaccine Now Available for First Responders and Adults Aged 65 and Older in Georgia

On Monday, January 11, 2021, the Georgia Department of Public Health expanded the COVID-19 vaccine in Phase 1a+, to new populations including adults aged 65 and older and first responders, including law enforcement and...more

Georgia Re-Issues Phased Reopening and In-Person Visitation Guidance for ALFs and SNFs

The Georgia Department of Public Health re-issued guidance for long-term care facilities with respect to phased reopening and expansion of in-person visitation. This guidance was issued through an Administrative Order on...more

Civil Immunity for COVID-19 Claims Extended for Georgia Healthcare Facilities, Including Personal Care Homes and Assisted Living...

The Georgia COVID-19 Pandemic Business Safety Act (the “Bill”), which Governor Kemp is expected to sign the Bill into law, would provide civil immunity from certain liability claims related to COVID-19. The Bill follows...more

Georgia Assisted Living Communities and Personal Care Homes Now Must Contend with Additional Compliance Obligations and Larger...

New measures intended to increase protection of residents in Georgia assisted living communities and personal care homes were signed into law on June 30, 2020. House Bill 987 (“HB 987”) amends Title 31 of the O.C.G.A. and is...more

Best Operational and Compliance Practices for Long-Term Care Providers in Response to COVID-19

Long-term care facilities, including nursing homes and assisted living facilities, are at high risk of being affected by COVID-19 due to their congregate nature and the type of residents population served (e.g., older adults...more

Georgia House Bill 987 Proposes Increased Regulation of Assisted Living Communities and Personal Care Homes

The Georgia House of Representatives, Health and Human Services Committee, chaired by Representative Sharon Cooper, unanimously approved House Bill 987 on February 25, 2020 (“HB 987” or the “Bill”), proposing a number of new...more

Pennsylvania Court Orders the Department of Health to Provide Copies of CHOW Filings and Transaction Documents to Reporter

On January 3, 2020, a Pennsylvania Court ordered the Pennsylvania Department of Health (“DOH”) to provide certain records regarding change of ownerships of thirty-five Pennsylvania long-term care facilities (the “Providers”)...more

CMS Increases Scrutiny of Owners through Medicare Provider Enrollment Process

The Centers for Medicare & Medicaid Services (CMS) issued a final rule on September 5, 2019, intended to address program integrity and vulnerability issues....more

Georgia PCH and ALC Resident Agreement Reminder

After several years of discussion between Personal Care Home (PCH) and Assisted Living Community (ALC) operators and the Georgia Department of Community Health (DCH), DCH issued final regulations this summer that address the...more

GAO Report Calls for Increased CMS Oversight of Medicaid Services in Assisted Living Facilities

The Government Accountability Office (GAO) recently released a report entitled “Medicaid Assisted Living Services: Improved Oversight of Beneficiary Health and Welfare is Needed.” The report, released on February 5, 2018,...more

Texas Revises Change of Ownership (CHOW) Requirements for Certain Healthcare Provider Types

The Texas Health and Human Services Commission, on behalf of the Department of Aging and Disability Services (DADS), has adopted revised regulations that impact the Change of Ownership (CHOW) process and requirements for...more

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