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
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.
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
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
Fair housing problems in the building permit realm generally arise when building code officials don’t fully understand the nature of residential assisted living and try to characterize the use as “commercial” (a term not actually included in the International Building Code) or “institutional” or “medical”. All of these designations are incorrect and can result in the imposition of costly construction requirements that are not actually needed to keep residents safe.
Read More
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.
Read More
Understand caregiver training requirements for your Arizona home.
Read More
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.
Read More
We certainly want all people - including those with disabilities – to live in a safe and healthy environment. But we also want them to have an equal opportunity to live in neighborhoods and communities alongside people without disabilities, as we know that this has its own positive outcomes for health and wellbeing. There are certain instances when building codes or other safety requirements are too excessive. This generally happens when the “safety” requirements are established or applied based on stereotypes or misperceptions about a given population’s capabilities. In some cases, it can also be a pretext for trying to keep certain people out of the neighborhood altogether. In these instances, the building code or safety requirement may run afoul of the federal Fair Housing Amendments Act (“FHAA”).
Read More
On January 26, 2020, President Biden issued an Executive Order (EO) encouraging the Department of Housing and Urban Development (HUD) to redouble its efforts to implement and enforce the Fair Housing Act. This blog discusses the January 26th EO’s potential impact on the disabled population and assisted living providers. When it comes to housing for the disabled, the EO notes that, “Although Federal fair housing laws were expanded to include protections for individuals with disabilities, a lack of access to affordable and integrated living options remains a significant problem.”
Read More