What is the difference between a “Background,” “Preamble,” “Recitals,” or “Whereas” sections of a contract in an Asset Purchase Agreement.
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The Medicaid continuous enrollment requirement related to the COVID-19 pandemic ended on April 1, 2023. Assisted living providers who wish to continue to serve ALTCS-eligible recipients are advised not to ignore any AHCCCS notifications regarding revalidating through the APEP system and to seek advice from the state agency if they have difficulty following the online re-enrollment steps.
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When a state agency does not follow laws that pertain to is procedures and time limits, it may be in violation of the law and subject to legal consequences.
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If you are an assisted living owner and have not yet been asked if a prospective resident can bring their dog, cat, parakeet, etc., with them when they move in, you haven’t been in business long enough!
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Running an assisted living home comes with a range of risks and potential liabilities. That's why it's important to have the right insurance in place. Insurance coverage comes in many forms, and just getting commercial general liability insurance (CGL) is not enough if you are an assisted living operator. Pinkowski Law interviewed Blake Crawford, Vice President at Assured Partners, a brokerage specializing in insurance coverage for senior living, to talk about the types of coverage that assisted living operators need.
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Health departments play a critical role in ensuring the safety and well-being of residents in assisted living facilities. However, the relationship between health departments and assisted living operators can sometimes be strained. This article lists five ways that health departments can improve relations with assisted living operators.
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Are you thinking of opening a new assisted living or similar business in 2023? Our attorneys provide suggestions on five steps to get your business off to a good start based on what we have observed with our successful clients.
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Assisted living operators play a vital role in providing care and support for older adults, but they also need to navigate a complex regulatory landscape. One key aspect of this is building and maintaining positive relationships with health departments. This article suggests five tips for improving your interactions with health inspectors and other officials.
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Assisted living operators should be aware of a settlement agreement reached today by the Justice Department with Masterson Staffing Solutions. The staffing company, based in Minnesota, was found to have violated the Immigration and Nationality Act (INA) by routinely discriminating against non-U.S. citizen workers when checking their permission to work in the United States. This article covers basics to help you properly complete the I-9 form.
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Recently, the Arizona Department of Health Services Bureau of Residential Licensing (“DHS”) has started including hyperlinks to the full text of Enforcement documents signed by Licensees on its Care Check website. This includes the Notice of Enforcement letter and Civil Penalties table that are generally mailed to a licensee after they receive an inspection report indicating that the matter has been referred to the Enforcement Team. Settlement Agreements executed following an Informal Settlement Conference are also available via hyperlink.
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The Arizona Superior Court in Maricopa County agreed to issue a temporary stay of the Arizona Department of Health's attempt to enforce a "voluntary surrender" of an assisted living license after Pinkowski Law and co-counsel from Davis Miles McGuire Gardner, PLLC filed suit to contest the enforcement action as an unconstitutional due process violation, and one that would harm the 10 elderly people with disabilities who live in the home.
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The Arizona Department of Health Services issued a new checklist to help in preparing your Initial Licensing Application. Pinkowski Law recommends that all assisted living providers review their written Policies and Procedures regularly to ensure that they are current and your staff is familiar with them. Also review your state’s licensing agency’s website regularly for postings, such as this new home licensing checklist, to help stay in compliance.
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Arizona has recently changed its regulations regarding screening for tuberculosis (“TB”) in the assisted living home setting, as well as other healthcare institutions that are regulated by the AZ Department of Health (“DHS”). The changes have brought about a lot of questions from assisted living facility owners. This article attempts to answer some FAQs.
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Small Assisted Living Homes should be given extra recognition during this National Assisted Living Week, September 12 – 16, 2022. Assisted living homeowners step in to fill a need for our elders and others with disabilities. They are the unsung small business heroes and, this week, all of them deserve to be thanked. We appreciate you and are here for you.
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Whether you are an assisted living operator in Arizona or another state, you may want to self-audit your business operations to make sure medications are being handled in a manner that is compliant with the regulations. Here are three common mistakes that often result in deficiencies.
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One attractive characteristic of the limited liability company (LLC) is its flexible ownership and management structure. As a result, a common scenario with LLCs is the use of “sweat equity” as a member's contribution. The method that you and the other LLC members arrive at for valuing your capital contributions or your non-cash work efforts or experience, should be documented in writing in the LLC operating agreement. All LLC members should be aware of the potential pitfalls of LLC sweat equity members, including the tax consequences.
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Sometimes you find the perfect location for your assisted living operations, only to find out that there’s another regulated home too close-by to get your proper permits. The other location may not even be an assisted living home, but it poses a hurdle to your business plans. Unreasonable spacing requirements (a/k/a “buffer zones”) imposed by municipalities and counties in Arizona between new and existing assisted living homes have finally been addressed by the state legislature.
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Understand caregiver training requirements for your Arizona home.
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How many assisted living owners know the difference between an IDR and an POC? It is possible that following an inspection (also known as a “survey”), the assisted living owner may need to learn the distinction between those abbreviations and act on it quickly.
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BUYER BEWARE
Are you considering purchasing or selling an existing licensed assisted living home in Arizona? If so, here 5 tips to be aware of:
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