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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

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

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

Pennsylvania Court Orders the Department of Health to Provide Copies of CHOW Filings and Transaction Documents to Reporter

On January 3, 2020, a Pennsylvania Court ordered the Pennsylvania Department of Health (“DOH”) to provide certain records regarding change of ownerships of thirty-five Pennsylvania long-term care facilities (the “Providers”)...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

Massachusetts Proposes New Rules for Nursing Home Sales and Closures

Massachusetts regulators recently announced new rules that, if adopted, will change the requirements for nursing home sales and closures in the state. The proposed new rules require nursing home owners intending to sell a...more

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