News & Analysis as of

Healthcare Change of Ownership

Arnall Golden Gregory LLP

Ohio’s New Residential Care Facility Rules: Important Updates on Changes in Ownership and Control From a Licensure Perspective

Effective July 12, 2024, the Ohio Department of Health (“ODH”) promulgated new rules and regulations for residential care facilities (“RCFs”), also known as assisted living facilities. These rules, set forth in the Ohio...more

Arnall Golden Gregory LLP

Proposed Legislation Focuses on Private Equity and REITs in Healthcare

Efforts to draw attention to and, in some instances, dissuade private equity investment in healthcare have been on the rise. For example, in late 2023, the Centers for Medicare & Medicaid Services finalized a rule increasing...more

Epstein Becker & Green

Proposed CA Assembly Bill 3129: Notice & Consent for Private Equity, Hedge Funds Acquiring/Changing Control of Health Care...

Epstein Becker & Green on

As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more

McCarter & English, LLP

Next Stop, Revalidation Station: CMS Final Rule for Nursing Home Transparency to Prompt Off-Cycle Revalidation, Revised Form...

Nursing facilities should prepare to provide the Centers for Medicare & Medicaid Services (CMS) with additional information about their ownership, their managing employees and the parties providing certain financial and...more

Quarles & Brady LLP

Illinois Increases Lead Time for Change of Ownership of In-State Pharmacies to 90 Days, Expands Circumstances Requiring...

Quarles & Brady LLP on

Effective June 2, 2023, the Illinois Board of Pharmacy has overhauled the rule that sets timing and identifies the changes that require submission of an application. See 68 Ill. Admin. Code § 1330.780. There are now revised...more

Pullman & Comley - Connecticut Health Law

CT and NY Are Looking Closely at Transactions Involving Group Practices

Group medical practices in Connecticut and New York that are contemplating acquisitions, mergers or other significant transactions with third parties should pay close attention to new legal developments in these states....more

Polsinelli

“36-Month Rule” Anticipated to Expand to Hospice

Polsinelli on

On July 10, the Centers for Medicare & Medicaid Services (“CMS”) issued a Proposed Rule that would extend the “36-Month Rule” to Hospice providers. The 36-Month Rule refers to 42 C.F.R. § 424.550(b), which currently...more

Rivkin Radler LLP

The Prohibition against the Corporate Practice of Medicine: Alive and Well and on the Government’s Radar

Rivkin Radler LLP on

A law in New York Governor Hochul’s proposed budget aimed at regulating “large physician practices being managed by entities that are investor-backed” has been dropped from the State Senate and Assembly proposed budgets...more

Stevens & Lee

Reminder: NJ “Change of Ownership” Requirements for Health Care Transactions Have Changed

Stevens & Lee on

This year will mark the first full calendar year in which the Change of Ownership (CHOW) requirements added by New Jersey Senate Bill 315 (the “Bill”) will be in effect for certain health care transactions. Accordingly, it...more

Stevens & Lee

Selling Your Health Care Practice? Consider Timing and Effort Before Saying “Yes”

Stevens & Lee on

For a number of reasons, the calendar is among the most effective tools for advancing a transaction from “potential transaction” to a “closed transaction,” and that holds particularly true in the final months of the year. For...more

Robinson+Cole Health Law Diagnosis

New Jersey Governor Signs Act Concerning Changes in Control of Health Care Entities

On August 18, 2022, New Jersey Governor Phil Murphy signed S-315, “An Act concerning changes in control of health care entities” (the Act). The Act implements employment protection for healthcare workers when certain licensed...more

Quarles & Brady LLP

The Clock is Ticking: Comments to Proposed Federal Rules For Wholesalers and 3PLs are Due June 6th and Here’s What We Think

Quarles & Brady LLP on

On February 4, 2022, the FDA released its long-awaited proposed national standards for the licensure of third party logistics providers (3PLs) and wholesale drug distributors. The draft rules were years over-due and the delay...more

Arnall Golden Gregory LLP

Georgia COVID-19 Prevention and Mitigation Assisted Living Communities and Personal Care Homes Grant To Provide $47 Million for...

Georgia assisted living communities and personal care homes will be eligible for up to $100,000 of grant funding to reimburse COVID-related expenses. Georgia Governor Brian P. Kemp announced he will award over $217 million...more

Arnall Golden Gregory LLP

HRSA Reopening Provider Relief Fund Reporting Period 1 Portal for “Extenuating Circumstances”

On April 11, 2022, the Health Resources & Services Administration (“HRSA”) opened a portal that allows providers who were required to report on use of funds under Provider Relief Fund Reporting Period 1, but failed to do so,...more

Arnall Golden Gregory LLP

Biden’s 2023 Proposed Budget Aims to Hold Long-Term Care Facility Owners Accountable

President Biden recently announced his Federal Fiscal Year Budget Proposal, which included a proposal to hold long-term care (LTC) facility owners accountable for noncompliant closures and substandard care. Specifically,...more

Arnall Golden Gregory LLP

Kentucky Rewrites Its Assisted Living Law

In keeping with several states that have recently overhauled their assisted living laws, the Commonwealth of Kentucky has enacted sweeping changes to its regulatory framework for assisted living. Kentucky Senate Bill 11 (“SB...more

Arnall Golden Gregory LLP

Georgia Licensing Now Requiring Affidavit of Financial Stability in Support of Initial and Change of Ownership Applications

In response to media reports regarding alleged deficient practices in some of Georgia’s long-term care facilities, House Bill 987 (“HB 987”) was signed into law on June 30, 2020, amending Title 31 of the O.C.G.A....more

Akerman LLP - Health Law Rx

The Board of Pharmacy’s 40 Hour Rule is Dead! Long live the 20 Hour Rule! Community Pharmacy Ownership Rule Change Creates new...

The Florida Board of Pharmacy (BOP) recently amended the rules regarding community pharmacy hours of operation to reduce required daily operating hours from 40 to 20 hours per week. As before, the hours have to be posted and...more

Bradley Arant Boult Cummings LLP

Mississippi CON Report

I. September 2015 – Mississippi Certificate of Need Meeting - During the September 24, 2015, Certificate of Need meeting, Dr. Mary Currier, State Health Officer, concurred with the health and planning staff analysis...more

Baker Donelson

Buying and Selling Your HUD-Financed Long Term Care Project: Navigating the TPA Process

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So you have refinanced your long term care facility with Federal Housing Authority (FHA)-insured financing – a nonrecourse, 30-year (or longer) loan at an amazingly low fixed interest rate. Yes, the process may have been...more

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