Federal Regs on Noncompete agreements affect assisted living.
Read More
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.
Read More
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
Read More
If you are planning to buy or sell an assisted living or group home business, you need a legal document that outlines the terms and conditions of the transaction. In earlier blogs have covered the first paragraph and the background sections of the asset purchase agreement. The first of several elements of the Agreement portion of the asset purchase agreement is covered here.
Read More
What is the difference between a “Background,” “Preamble,” “Recitals,” or “Whereas” sections of a contract in an Asset Purchase Agreement.
Read More
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.
Read More
The Fair Housing Act, a pivotal piece of legislation enacted in 1968 and amended in 1988, stands as a cornerstone in the fight against housing discrimination. The inclusion of people with disabilities under its protective wing marked a significant advancement in civil rights and social justice. This blog post provides a brief overview of the critical role the Fair Housing Act plays in protecting group homes for individuals with disabilities, ensuring their right to fair and dignified housing.
Read More
Colorado investors and owners who want to build or remodel assisted living or other healthcare facilities need to be aware of the Facility Guidelines Institute’s (FGI) Guidelines for Design and Construction of Health Care Facilities. The Colorado Department of Public Health and Environment provided important updates on FGI review today that impact what is needed for a successful review and how long the review will take. This article provides an overview.
Read More
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.
Read More
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.
Read More
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!
Read More
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.
Read More
Obtaining a copy of an Adult Protective Services (APS) investigation report on the alleged mistreatment of an at-risk adult in Colorado is generally considered to require a court order. There are circumstances, however, where the report can be obtained without the involvement of a judge.
Read More
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.
Read More
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.
Read More
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.
Read More
If punishment doesn’t work on criminals, why in the world would law makers and regulators think it works on good hearted people that are in the business of helping their fellow human beings? It’s time for law makers and regulators to use a science-based approach to assisted living regulation.
Read More
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.
Read More
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.
Read More