News & Analysis as of

Health Care Providers 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

Quarles & Brady LLP

Doing a Healthcare Transaction in Illinois? Be Prepared to Tell the Attorney General.

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January 1, 2024 ushered in a new year and new changes to the Illinois Antitrust Act, the State Finance Act, and the Illinois Health Facilities Planning Act. These changes result in new requirements for certain “health care...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

Goodwin

Additional Disclosure Required: CMS Implements Substantial Changes to Reporting Skilled Nursing Facility Ownership Information

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On November 15, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule that will require skilled nursing facilities (SNFs) to disclose an expanded array of ownership, managerial, and control information...more

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

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

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

Sheppard Mullin Richter & Hampton LLP

CMS Issues Proposed Rule Requiring Nursing Homes to Disclose Additional Ownership Information, Including Ties to Private Equity...

On February 15, 2023, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule that would require nursing homes enrolled in Medicare and Medicaid to disclose new information about their ownership and...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

King & Spalding

Accreditation Organizations are Required to Notify CMS of Change of Ownership Under Final Rule

King & Spalding on

On April 29, 2022, CMS published a final rule requiring Accreditation Organizations (AOs) to notify CMS of changes of ownership (CHOWs). Effective June 28, 2022, an AO will need to notify CMS when undergoing or negotiating a...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

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

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

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

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

Arnall Golden Gregory LLP

COVID-19 and Changes of Ownership

The President’s national emergency declaration on March 13, 2020, issued in response to COVID-19, enabled the Centers for Medicare and Medicaid Services (CMS) to grant state Medicaid agencies added flexibility through a...more

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