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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Health

Date & Time
  • event Date

    Monday, November 20, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide healthcare counsel on navigating a change of ownership (CHOW) in healthcare transactions when Medicare provider agreements are involved. The panel will discuss the factors to consider when determining whether to accept or reject the assignment of the provider agreement and offer best practices for overcoming the challenges involved.

Faculty

Lanchi Nguyen Bombalier
Partner
Arnall Golden Gregory LLP

Ms. Bombalier focuses her practice on providing regulatory counseling for a variety of clients in the healthcare and life sciences industry. She represents healthcare and life science companies before federal administrative agencies, such as the CMS and the FDA, as well as state level agencies. Her regulatory work focuses on issues related to reimbursement, fraud and abuse, licensure and certification matters, review of product claims and labeling, as well as healthcare business related issues such as changes of ownership and regulatory due diligence.

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Jessica Tobin Grozine
Partner
Arnall Golden Gregory LLP

Ms. Grozine focuses her practice on federal and state healthcare regulatory matters, representing nursing homes, hospitals, ambulatory surgery centers, assisted living facilities, hospices, physician groups, home health agencies, and other healthcare providers on issues relating to operations, compliance, certificate of need, health information privacy, Medicare and Medicaid reimbursement, and a variety of healthcare transactions.

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Hedy Silver Rubinger
Partner
Arnall Golden Gregory LLP

Ms. Rubinger focuses her practice on the representation of healthcare. She counsels clients on issues related to operations, regulatory compliance, certificates of need, managed care, reimbursement, change of ownership and employment. She also represents investors and lenders and has extensive experience in managing the regulatory aspects of healthcare transactions, ranging from single-facility purchases and sales to some of the largest multi-state, multiple service-line transactions.

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Description

Does an asset purchase or merger result in a CHOW? Not all healthcare transactions trigger CHOW rules, but when they do, the Center for Medicare and Medicaid Services (CMS) is interested. Both parties in healthcare transactions need to understand the implications of CHOW when there is a Medicare provider agreement in place. There is an automatic assignment of the provider agreement; however, the buyer can choose to reject the assignment. The parties must recognize the potential impact of each option.

CMS encourages automatic assignment of Medicare provider agreements when a CHOW occurs. If a new owner rejects the assignment and later decides to participate in the Medicare program, CMS will consider that owner an "initial" applicant and, as such, will likely be subject to a lengthy gap in Medicare reimbursements.

Counsel for healthcare providers must carefully weigh the benefits and risks when determining whether to accept or reject the automatic assignment of a Medicare provider agreement.

Listen as our authoritative panel examines the factors to consider when there is the potential for a CHOW involving a Medicare provider agreement, including when a CHOW is triggered and the implications of assignment or rejection of the Medicare provider agreement. The panel will offer best practices for buyers and sellers in overcoming the challenges of a CHOW when a Medicare provider agreement is involved.

Outline

  1. CHOWs vs. changes of control and their implications
  2. Factors to consider when there is a CHOW
  3. Best practices in overcoming challenges of a CHOW/Medicare provider agreement

Benefits

The panel will review these and other high priority issues:

  • What constitutes a CHOW for Medicare purposes?
  • What is the effect of a CHOW in a healthcare transaction?
  • What are the implications of accepting or rejecting the assignment of a provider agreement?