Comments for Home Health News

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Tim Rowan

Tim Rowan — Thu, 29 Jul 2010 17:04:38 +0000

Cynthia,
I have hesitated to reply because this takes me clearly into the arena of giving legal advice, which I am not qualified to do. See my response to Hilda. The definition of what constitutes a CHOW for purposes of determining whether a new owner must re-apply for permission to send claims to Medicare has reverted to what it was before CMS’s November directive. The illicit ruling that a 5% transfer constitutes a CHOW has been rescinded but you must get legal counsel to sort out your 50/50 situation.

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Tim Rowan

Tim Rowan — Thu, 29 Jul 2010 17:00:04 +0000

Hilda,
Responding to industry pressure, in July CMS rescinded portions of its rule that went beyond what Congress and its own previous rules had authorized it to do. While I strongly urge you to seek legal advice before taking any action, I can state what it seems to say now. If a certified HHA changes ownership twice within three years, the new owner must re-apply for permission to submit Medicare claims. That did not change in July. What changed is that the definition of what constitutes a CHOW reverted to CMS’s own previous definition that was in effect before its November 2009 rule. That rule arbitrarily redefined a CHOW as any transfer of 5% or more of company stock, which Congress did not ask CMS to do. You need to get legal advice on exactly what constituted a CHOW prior to November.

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by hilda

hilda — Fri, 23 Jul 2010 17:36:00 +0000

Please explain how the CHOW process changed after July 2010. Can a Certified HHA do a CHOW and their provider not be deactivated pending the CHOW

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by hilda

hilda — Fri, 23 Jul 2010 17:33:31 +0000

As of July 2010 the CHOW rule has changed, can you explain how it will affect a Medicare Certified Agency that wants to do a CHOW. Will their provider be deactivated by Medicare pending the CHOW?

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Cynthia

Cynthia — Sat, 12 Jun 2010 07:30:55 +0000

Tim,
Our new HHA received State (DHS) license 3 weeks ago. Presently we are awaiting Medicare certification survey for deemed status from JACHO. Our company is owned by 50/50 share by me and a friend’s husband. I want to transfer my 50% ownership to my spouse. Does this constitute change of ownership under the new rule?

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Tim Rowan

Tim Rowan — Wed, 24 Mar 2010 23:03:34 +0000

Will,
The rule says that CMS will look back three years when presented with any new ownership transfer on or after 1/1/10. If a transfer was completed and the paperwork submitted to your RHHI so that they received it in December, 2009, that ownership transfer would not initiate a 3-year lookback for other transfers. However, if the ownership transfer occurs now, it will initiate a 3-year lookback, which would find the December 2009 transfer. So, the answer to your question is, yes, if you had a transfer just prior to the new rule’s start date, you will be forced to reapply if you have any type of ownership transfer amounting to 5% or more until December of 2012.

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Will

Will — Fri, 19 Mar 2010 14:23:32 +0000

Tim, thanks for the informative read. What is your take on changes of ownership that were completed (not pending) within the period of January 1, 2007 until January 1, 2010? For example, if an HHA transferred ownership and completed the process in late 2009, would the rule retroactively apply to this HHA, and thus, would have to wait until late 2012 to do another change of ownership without being deactivated by Medicare? Thanks.

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by Tim Rowan

Tim Rowan — Fri, 05 Mar 2010 03:13:28 +0000

John,
By my reading, prior ownership changes would not matter. The 36-month clock starts over on the day first Medicare certification is awarded. If there were ownership transfers before or not, what triggers the rule is that it is a new Medicare agency, not a new organization.

Comment on Medicare Opens Additional Fraud Enforcement Offices by michael

michael — Thu, 04 Mar 2010 01:40:08 +0000

Fraud accusations have been reported from one agency against another to hinder competition. What a world of sharks we are living in!

Comment on CMS Admits New CHOW Rule May Force 2,000 Home Health Agency Closures by CAU | Misery Has Company

CAU | Misery Has Company — Wed, 03 Mar 2010 22:12:05 +0000

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