Recent changes to Colorado’s assisted living regulations, specifically 6CCR 1011-1, Chapter 7, have made the Informal Dispute Resolution (IDR) process more appealing as a first option in challenging deficiency findings.
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Health Law attorneys, Pinkowski Law & Policy Group, LLC clarify a critical issue regarding the resident capacity requirements for obtaining an assisted living license in Colorado. This article addresses the prevalent confusion surrounding the number of residents allowed before a home or residence requires a license, offering clear, detailed insights. Understand the reasons behind this confusion and learn how to ensure your assisted living facility complies with Colorado's licensing laws. This must-read guide is essential for assisted living operators aiming to avoid legal complications and maintain regulatory compliance
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Federal Regs on Noncompete agreements affect assisted living.
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How to buy an assisted living. This week we will be discussing the “Representations and Warranties” section of the typical asset purchase agreement used when buying or selling a residential assisted living home. These are found in the “Agreement” Section of the asset purchase agreement.
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What are “Business Assets?”
Business assets are the tangible and intangible items that a business owns or uses to operate and generate income.
Tangible and intangible items are two categories of business assets. Tangible items are those that have a material existence and can be seen, touched, or measured. Examples of tangible items are furniture, fixtures, equipment, inventory, licenses, permits, contracts, HR files, resident records, customer lists, goodwill, trademarks, domain names, and trade secrets
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What is the difference between a “Background,” “Preamble,” “Recitals,” or “Whereas” sections of a contract in an Asset Purchase Agreement.
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Here is a list of a few of the essential pieces of information that you need immediately on hand to help your attorney prepare the asset purchase agreement (aka, “Purchase and Sale Agreement” or “Business Purchase Agreement”) of an assisted living residence.
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Owners of assisted living homes can easily avoid make mistakes regarding protected health information (“PHI”). Disclosing rent rolls is one of the areas that deserves extra consideration when owners and operators are considering buying, selling, or refinancing an assisted living business.
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There is a new law in Arizona regarding fingerprint clearance card requirements for assisted living operators. Buying an existing assisted living home? Hiring contractors? Arranging for third transportation services? Know when you have an obligation to run checks or confirm fingerprint clearance status.
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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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Adult protection laws can have an impact on internal hiring decisions of assisted living facilities. Operators and Human Resource managers in Arizona should be aware of the APS Registry, and how to search the list for a name of an applicant or existing staff member. Although AZ Department of Health Services regulations do not presently mandate searching the Arizona APS Registry prior to hire, employers are encouraged to review the list routinely to ensure that no members of your current workforce were added to it.
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Owners and managers of assisted living facilities may have a duty to report residents’ family members who signed the Residency Agreement as responsible party or Power or Attorney (“POS”) and then fail to pay for services rendered. These family members may be guilty of exploitation or neglect of that resident, particularly if the resident is incapable of handling their own financial affairs. Under state statutes like Arizona’s, the ALF may be a mandatory reporter, required to initiate an investigation with either a peace officer or Adult Protective Services (“APS”). Find out more about your obligations in this post.
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Colorado licensed healthcare facilities must have 100% of employees having received at least the 1st dose of the COVID-19 vaccine or submit a request for a waiver by September 30, 2021. To request a wavier, facilities must have their policies in place as required by the Board of Health’s Emergency Rule. Reporting on compliance begins October 1st. This blog provides more details on the upcoming requirements. Contact our attorneys today if you need help.
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