Preserving Deferred Tax Assets in a Capital Raise
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
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
As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more
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
After completing the arduous task of preparing to sell a business and agreeing to the terms in principle for a transaction in which a business owner will sell his or her “life’s work,” selling business owners (“Seller” or...more
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
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
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
While the Pennsylvania Department of Health (“DOH”) regulations governing long-term care (“LTC”) facilities have historically set forth the process for the closure of an LTC facility (see 28 PA Code 201.23), the regulations...more
This year will mark the first full calendar year in which the Change of Ownership (CHOW) requirements added by New Jersey Senate Bill 315 (the “Bill”) will be in effect for certain health care transactions. Accordingly, it...more
Effective November 16, 2022, New Jersey will impose additional requirements on both the buyer and seller when a ‘health care entity’ undergoes a change in control. In accordance with S315, which was enacted on August 18,...more
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
For a number of reasons, the calendar is among the most effective tools for advancing a transaction from “potential transaction” to a “closed transaction,” and that holds particularly true in the final months of the year. For...more
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
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 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
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
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
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
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
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
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
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
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