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SNF Off-Cycle CMS-855A Reporting Delayed to August 1, 2025

Mandatory Medicare reporting for skilled nursing facilities (“SNFs”) has been delayed to August 1, 2025, to the relief of many in the industry. As a reminder, the Centers for Medicare & Medicaid Services (“CMS”) required the...more

Georgia Nursing Homes, Assisted Living Communities, and Other Provider Types Must Now Make Licensure Filings (Including for CHOWs)...

With few exceptions, licensed Georgia providers, including but not limited to, nursing homes, assisted living communities, personal care homes, hospices, home health agencies, and community living arrangements, will now file...more

California Bill Would Increase Scrutiny on Private Equity Healthcare Transactions

The California Legislature recently passed Assembly Bill 3129 (“AB 3129” or the “Bill”), which, if signed by California Governor Gavin Newsom, would increase oversight of healthcare entity transactions involving private...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

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

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

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

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

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

COVID-19 Update: Ambulatory Surgery Centers and CMS’ Hospitals Without Walls Policy

On March 30, 2020, the Centers for Medicare & Medicaid Services (“CMS”) issued new rules and waivers targeted at ensuring hospitals and health systems have sufficient capacity to handle the potential surges of COVID-19...more

Consider This Notice: Why Providing the Right Notice at the Right Time Will Keep Your Deal on Track

Parties to a health care transaction must be prepared for and informed on a number of aspects unique to the health care industry. This is certainly true for proposed changes of ownership or control, where a buyer plans to...more

Certificates of Need: Why You Need to Understand the Certificates Ahead of a Transaction

Certificates of need (CONs) are a creature of state law, which means no two states take exactly the same approach to the review, issuance, or maintenance of certificates of need (that is, if the state has a CON program at...more

U.S. Departments of Health and Human Services, Treasury, and Labor Call to Eliminate Certificate of Need Laws

In a 119-page report titled “Reforming America’s Healthcare System through Choice and Competition,” issued on December 3, 2018, Secretaries Alex Azar (Health and Human Services), Steve Mnuchin (Treasury), and Alexander Acosta...more

Proposed Vermont Bill Would Implement Examination of Change of Ownership Requirements for Nursing Facilities

Nursing facilities undergoing changes of ownership (CHOW) in Vermont could see new requirements starting in 2019 if a recent bill is passed. The state, which currently can take as long as one year (or more in some cases) to...more

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