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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

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

UPDATE: CMS Finalizes Hospice 36-Month Rule

The Centers for Medicare & Medicaid Services (“CMS”) has finalized 2024 home health rules to include application of the home health “36-month rule” to hospice providers. The revised rule will forbid any change in majority...more

Nursing Home Ownership Affiliations Published on Nursing Home Care Compare

In another step in the years-long process of increasing transparency in the nursing home industry, the Centers for Medicare & Medicaid Services (“CMS”) has begun posting nursing home affiliations on Nursing Home Care Compare....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

Changes of Ownership: Georgia Department of Community Health Issues Revised Financial Stability Affidavit

Applicants for personal care home (“PCH”) and assisted living community (“ALC”) licenses in Georgia will now submit a revised financial stability affidavit with any initial or change of ownership application. The revised...more

Changes of Ownership: 60-Month Rule for New California Hospices?

California enacted a slew of hospice reforms in 2021, including a minimum one-year hospice license moratorium. However, 2022 has brought more changes. Assembly Bill 2673, which was initially introduced in early 2022 but...more

Senior Housing and the Transition From Operator to Manager

Parties typically involved in the ownership or operation of a skilled nursing facility (“SNF”) or assisted living facility (“ALF”) include the property owner, operator/licensee, and management company. For a variety of...more

Push for Greater Nursing Home Ownership Transparency Continues With Introduction of the Linking Investors and Nursing Home Quality...

The nursing home industry has seen increased efforts by the federal government to enhance transparency, with a focus on ownership disclosures (both past and present ownership) of facilities enrolled in Medicare. The efforts...more

CMS Announces Its First Home- and Community-Based Service Quality Measure Set

On July 21, 2022, the Centers for Medicare & Medicaid Services (“CMS”) released its first-ever nationally standardized Home- and Community-Based Services (“HCBS”) quality measure set to encourage consistent quality...more

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

CMS Releases Skilled Nursing CHOW (and Ownership) Data

For the first time, the Centers for Medicare & Medicaid Services (CMS) has released data publicly on skilled nursing facility changes of ownership (CHOWs)). The data, which was released on April 20, 2022, includes information...more

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

Changes of Ownership and Provider Relief Funds: HRSA Issues Guidance on Phase 4 Funding and Reporting of CHOWs

In a previous article, we discussed the Health Resources & Services Administration’s (HRSA) Phase 4 Provider Relief Funding (“Funding”). In the Funding announcement, HRSA and the Department of Health & Human Services (HHS)...more

Provider Relief Funds: CHOW Developments and Other Updates

As Provider Relief Fund (PRF) recipients look towards the end of the first PRF reporting period on September 30, 2021, the Department of Health & Human Services (HHS) and Health Resources & Services Administration (HRSA) have...more

New Jersey Legislation Would Increase Scrutiny on Nursing Home CHOWs and Bridging Arrangements

In response to the number of COVID-19 related deaths in New Jersey long-term care facilities, the State engaged a consulting firm to conduct a review and recommend changes.  The consultant’s report noted that, “[n]ationally...more

A New Phase of Provider Relief Funds May Be on the Horizon

The Department of Health & Human Services (HHS) is expected to announce a new phase of Provider Relief Funding (PRF) that would likely cover COVID-related expenses and losses during the third and fourth quarters of 2020 (and...more

Changes Coming for Minnesota Assisted Living

Sweeping new regulatory standards governing assisted living facilities operating in Minnesota are set to go into effect on August 1, 2021. The Assisted Living Licensure law under Minnesota Statutes, chapter 144G, is the...more

Provider Relief Funding: Changes of Ownership and Successor Liability

The Provider Relief Funds (“Funds”) provided by the Department of Health & Human Services (“HHS”) through the CARES Act have been an assist to healthcare providers working to fight COVID-19 and keep patients, residents, and...more

CHOWs Continue to Puzzle Providers and HHS: Updated Provider Relief Funding FAQs Focus on Recent CHOWs

Providers that underwent a change of ownership (CHOW) in 2019 or 2020 should take note of recent FAQ updates from the Department of Health & Human Services (HHS).  On October 28, 2020, the agency signaled its continued focus...more

Update on CHOWs and COVID-19 Funding: Apply ASAP Under Phase 3

Healthcare providers, including assisted living facilities and nursing homes, that have undergone a recent change of ownership (CHOW) have had unique challenges as federal and state agencies have rolled out COVID-19 funding...more

Recent CHOW? Portal Now Open for Purchasers to Apply for Medicare Relief Funds

The Department of Health & Human Services (HHS) announced funding opportunities for (1) CHOW buyers that closed a transaction in 2019 or 2020 and (2) any provider that missed the June 3, 2020 deadline to apply for additional...more

Recent CHOW? Buyers Will Soon Be Able To Apply For Federal Provider Relief Funds

The Department of Health & Human Services (HHS) finally bestowed good news on providers that recently underwent a change of ownership (CHOW). HHS issued a significant press release on July 31, 2020 related to Provider Relief...more

HHS Issues New Relief Funding FAQ Related to Changes of Ownership

The Department of Health & Human Services (“HHS”) continues to issue guidance related to Provider Relief Funds (“Funds”) and changes of ownership, clarifying (and apparently cementing) its position that Funds may not transfer...more

Recent CHOW? New CHOW-Related Guidance on Provider Relief Funds

Providers that recently acquired a Medicare provider through a change of ownership (CHOW) could face difficulties obtaining some or all of the provider relief funds as previously discussed. The first two tranches of payments...more

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