Home Care Licensing and Change of Ownership

MDRXLaw helps home care agencies obtain and maintain state licensure, complete change-of-ownership approvals and coordinate regulatory timelines with purchases, sales and financings. Our attorneys handle applications, amendments and renewals so agencies can open, grow or transfer ownership without compromising their licenses.

OUR EXPERIENCE

Home care agencies are regulated at the state level. In New York, the rules for licensed home care services agencies (LHCSAs) and certified home health agencies (CHHAs) are set out in the Public Health Law and the Department of Health's regulations. Opening an agency, adding services or a county, or changing who owns or controls one generally requires state approval first.

We prepare and file licensure and certification applications, respond to agency questions during review, and advise on the corporate structure, governance and policies the application requires. For existing agencies we handle renewals, amendments and ongoing reporting so the license stays in good standing.

Ownership changes need particular care. A sale, a transfer of membership or stock interests, a merger or a change in controlling persons can trigger prior approval, and closing before approval can jeopardize the license. We structure transactions around the approval timeline, prepare the change-of-ownership filings and coordinate them with purchase agreements, financing and lease terms.

We also help agencies address enrollment and contracting prerequisites, including Medicaid enrollment and managed long-term care plan participation, so a newly licensed or newly acquired agency can begin billing without avoidable delay.

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