42 CFR 489.18 - Change of ownership or leasing: Effect on provider agreement

Cite as42 CFR 489.18
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40 practice notes
  • Delta Health v. U.S. Dept. of Health and Human, No. 3:05-CV-436/RV/EMT.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • October 17, 2006
    ...agreement. This may be done, -.!or example, if there is a "change of ownership," as defined in the regulations, see generally 42 C.F.R. § 489.18, and the new owner wants to avoid a break in service or lapse in coverage. See United States v. Vernon, Home Health, Inc., 21 F.3d 693 (......
  • United States v. Medquest Assocs. Inc., 3:06-01169
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • August 23, 2011
    ...acquiring company can operate under the acquired provider's Medicare billing number to avoid a disruption of services to beneficiaries. 42 C.F.R. § 489.18 lists the providers subject to that regulation, but IDTFs, distinct providers with a separate regulation, are not among the providers li......
  • United States v. Medquest Assocs., Inc., No. 3:06–01169.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • August 23, 2011
    ...acquiring company can operate under the acquired provider's Medicare billing number to avoid a disruption of services to beneficiaries. 42 C.F.R. § 489.18 lists the providers subject to that regulation, but IDTFs, distinct providers with a separate regulation, are not among the providers li......
  • Triad at Jeffersonville I, LLC v. Leavitt, Civil Action No. 08-329 (CKK).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 21, 2008
    ...agreements." Id. at 4. Triad argues that the Provider Agreements were assigned in December 2006 because Medicare Regulation 42 C.F.R. § 489.18(c) provides that upon a change of ownership the "existing provider agreement will automatically be assigned to the new owner." Becaus......
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20 cases
  • In re Vitalsigns Homecare, Inc., 102908 MABC, 08-41101
    • United States
    • October 29, 2008
    ...billing number. The applicable regulations, however, permit the assignment of the provider number as part of a change in ownership. 42 C.F.R. § 489.18. Upon a change of ownership of the provider number, the existing provider agreement is automatically assigned to the new owner. 42 C.F.R. § ......
  • In re Vitalsigns Homecare, Inc., 102408 MABC, 08-41101-JBR
    • United States
    • Federal Cases United States Bankruptcy Courts First Circuit
    • October 24, 2008
    ...billing number. The applicable regulations, however, permit the assignment of the provider number as part of a change in ownership. 42 C.F.R. § 489.18. Upon a change of ownership of the provider number, the existing provider agreement is automatically assigned to the new owner. 42 C.F.R. § ......
  • 758 F.2d 696 (D.C. Cir. 1985), 82-1986, Humana, Inc. v. Heckler
    • United States
    • United States Court of Appeals (District of Columbia)
    • April 2, 1985
    ...674 F.2d 899, 901, 230 Ct.Cl. 132 (1982); Pacific Coast Medical Enter. v. Harris, 633 F.2d 123, 127 n. 9, 129 n. 21 (9th Cir.1980); 42 C.F.R. Sec. 489.18(a)(3) [62] 633 F.2d 123 (9th Cir.1980). [63] Effective May 5, 1980, 42 C.F.R. Sec. 405.626(c) was recodified as amended at 42 C.F.R. Sec.......
  • 684 F.2d 130 (D.C. Cir. 1982), 81-1045, Richey Manor, Inc. v. Schweiker
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (District of Columbia)
    • July 30, 1982
    ...[6] This regulation is now even more explicit: "Transfer of corporate stock ... does not constitute change of ownership." 42 C.F.R. § 489.18(a)(3) [7] It is curious that neither VOA Care nor its management agent nor Richey Manor bothered to consult the fiscal intermediary who &quo......
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7 firm's commentaries
  • Mitigating Successor Liability in Long Term Care Acquisitions
    • United States
    • JD Supra United States
    • March 18, 2014
    ...may be available to mitigate their successor liability risk in any given transaction. Sources of Successor Liability. Pursuant to 42 C.F.R. 489.18(c), upon a change of ownership (CHOW) of a SNF, the existing operator's Medicare provider agreement is automatically assigned to the new operato......
  • Webinar PowerPoint Slides: Health Care Facilities in Bankruptcy: Not Your Average Chapter 11
    • United States
    • JD Supra United States
    • March 30, 2016
    ...properties for minimal cost 30 Significant Events in a Bankruptcy Case  Regulatory Framework - Medicare’s regulations, found at 42 C.F.R. § 489.18(c), govern the “Assignment of agreement” and provide that when “there is a change of ownership … the existing provider agreement will automatic......
  • CMS Looks to Strengthen Oversight of Medicare Accrediting Organizations
    • United States
    • JD Supra United States
    • May 9, 2019
    ...Although Medicare-enrolled providers and suppliers are required to comply with a change of ownership process as set forth at 42 C.F.R. § 489.18, under current regulations, AOs are not required to provide CMS advanced notice of pending changes of ownership. Often, CMS is first notified of an......
  • CMS Files Objection in Skilled Nursing Bankruptcy Case
    • United States
    • JD Supra United States
    • April 26, 2018
    ...CMS states that Provider Agreement transfers are “strictly limited” and can only be assigned when there is a “change of ownership.” 42 C.F.R. § 489.18. When assigned, new operators are subject to successor liability. CMS’s position is that, because the proposed Order would “reject all succe......
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