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
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
7/20/2022
/ Asset Management ,
Assisted Living Facilities (ALFs) ,
Business Assets ,
Business Transfer Agreements ,
Commercial Bankruptcy ,
Elder Care ,
Elder Issues ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Senior Housing ,
Successor Liability
The Health Resources & Services Administration (“HRSA”) has allowed Provider Relief Fund (“Fund”) recipients who failed to timely report on use of Funds, but still retained them, to request to report late. We previously...more
States now have through March 31, 2025 to use the federal medical assistance percentage (FMAP) funding made available by the American Rescue Plan Act (ARPA). The announcement was made by the U.S. Department of Health and...more
The initial phase of Provider Relief Funds (“Funds”) was distributed in April 2020, and since then, many providers have been playing catch up. The Health Resources & Services Administration (HRSA) recently addressed two...more
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
5/4/2022
/ American Rescue Plan Act of 2021 ,
Assisted Living Facilities (ALFs) ,
Change of Ownership ,
Coronavirus/COVID-19 ,
Federal Funding ,
Georgia ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Infectious Diseases ,
Long Term Care Facilities ,
Reasonable Prevention Procedures ,
Risk Mitigation
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
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
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
4/6/2022
/ Biden Administration ,
Change of Ownership ,
Federal Budget ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Long Term Care Facilities ,
Long-Term Care ,
Nursing Homes ,
Regulatory Agenda ,
Standard of Care
Continuing the theme of increased transparency of ownership of nursing homes included in the 2010 Affordable Care Act, the White House issued a Fact Sheet titled “Protecting Seniors and People with Disabilities by Improving...more
3/9/2022
/ Affordable Care Act ,
Assisted Living Facilities (ALFs) ,
Biden Administration ,
Business Ownership ,
Centers for Medicare & Medicaid Services (CMS) ,
Change in Ownership ,
Department of Health and Human Services (HHS) ,
Elder Care ,
Health and Safety ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Nursing Homes ,
Private Equity ,
REIT ,
Transparency
Illinois legislators are taking action to increase scrutiny of nursing home ownership. The disclosure provisions are included in the Compromise Nursing Home Rate Reform Bills (HB 4678)....more
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
2/21/2022
/ Affidavits ,
Assisted Living Facilities (ALFs) ,
Change of Ownership ,
Georgia ,
Healthcare ,
Healthcare Facilities ,
Healthcare Reform ,
Licensing Rules ,
Long Term Care Facilities ,
Regulatory Requirements ,
Regulatory Standards
The Health Resources and Services Administration (HRSA) recently posted an updated timeframe for disbursement of Phase 4 Provider Relief Funding (Funding). HRSA previously expected to begin disbursing Funding in mid-December...more
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
California Governor Gavin Newsom signed into law two pieces of legislation intended to improve hospice oversight in the state on October 4, 2021. The laws resulted in part from the U.S. Department of Health and Human...more
Healthcare providers and related advocacy groups have been working for months to secure Phase 4 Provider Relief Funding (“Funds”). On September 10, 2021, the Department of Health & Human Services announced that it would make...more
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
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
With both providers and the Department of Health & Human Services (HHS) focused on the Provider Relief Fund (PRF) reporting requirements since the beginning of 2021, relatively few Frequently Asked Questions (FAQs) issued by...more
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
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
On June 10, 2021, the Georgia Department of Community Health provided public notice of its intent to revise the regulations for Personal Care Homes and Assisted Living Communities. The revised regulations are intended to...more
On May 17, 2021, the Georgia Department of Public Health (DPH) issued an updated Administrative Order regarding reopening guidance for long-term care facilities. Commissioner Toomey previously issued an Order of reopening...more
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
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