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CMS Expands Access to Behavioral Health Outpatient Services

The Centers for Medicare & Medicaid Services (“CMS”) announced it is expanding access to behavioral health services for Medicare beneficiaries through intensive outpatient services coverage. In general, Medicare will cover...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

Illinois Legislature Passes Bill to Increase Healthcare Transaction Oversight

The Illinois Legislature recently passed HB2222, new antitrust legislation that will require advance notice to the attorney general for “covered transactions” between healthcare facilities and healthcare provider entities. If...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

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

HHS Announces Additional Planning Grants for State Behavioral Health Clinics

An additional $15 million will be allocated to states for planning grants related to behavioral health clinics as announced on October 18, 2022, by the U.S. Department of Health and Human Services (“HHS”). This funding stems...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

Considerations for Incoming Operators of Senior Living Facilities to Mitigate Risks With Distressed Former Operators: A Case...

An incoming operator of a senior living facility should consider and mitigate risks of potential successor liability when agreeing to operate a new facility.1 This is particularly true when the former operator has filed for...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

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

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

No Need for Certificate of Need: Florida Eliminates Certificate of Need Review for Specialty Hospitals

Florida follows in the footsteps of states such as New Hampshire and Wisconsin by paring back its Certificate of Need (CON) program for specialty hospitals, effective July 1, 2021. Florida first introduced its CON program in...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

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

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

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

In Welcome News, HHS Boosts Phase 3 COVID-19 Provider Relief Funding By an Additional $4.5 Billion

Health care providers have seen a steady stream of Provider Relief Fund (PRF) updates from the Department of Health & Human Services (HHS). In exciting news, on December 16, 2020, HHS announced that it completed the review...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

New Provider Relief Funding Announced, Providers Should Apply ASAP and by November 6

Providers, including assisted living facilities, behavioral health providers, and certain previously ineligible healthcare providers, will be able to apply for a new phase of Provider Relief Funding (“Funding”) beginning...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 Order Limits Liability of Healthcare Institution Staff During COVID-19 State of Emergency

In an effort to provide healthcare institutions and medical facilities “additional flexibility,” Georgia Governor, Brian P. Kemp, issued a new Executive Order limiting the liability of employees, staff, and contractors of...more

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