Changes in Ownership: Medicare Rules and Other Issues

American Bar Association’s The Health Lawyer
June 2019

Austin Partner Tammy Ward Woffenden co-authored an article for the American Bar Association’s The Health Lawyer discussing the Medicare change of ownership (CHOW) process that parties must follow when their transaction involves Medicare suppliers or providers. Woffenden explains what Medicare CHOWs (and other updates) are in the case of partnerships, limited liability companies and corporations as well as CHOW notification and filing requirements, assignment of provider agreements, survey and accreditation issues and how the CHOW process can impact the structure and timing of a transaction. Woffenden also warns against the failure to properly handle CHOWs and additional considerations for certain providers and suppliers, such as Medicare’s home health “36-month rule.”

To reach the full article, click here.

The article was originally published as a chapter in Woffenden’s “What Is...CHOW,” a book that is available from the American Bar Association here. “What Is…CHOW” addresses how transactions involving businesses that provide health care services can trigger filing and other regulatory obligations within Medicare, Medicaid and state licensing agencies.