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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The Colorado Board of Health met on August 30, 2021 and adopted an emergency regulation requiring mandatory vaccinations for employees in licensed healthcare facilities. The emergency regulation applies to all 3800 licensed healthcare facilities over which the Colorado Department of Public Health and Environment has authority, including assisted living residences. This article provides an overview of the emergency regulation to assist owners and operators in drafting a policy that complies with the emergency regulation.
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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”).
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There are 7 important elements to put in place when someone purchases an existing assisted living home. Those are: The Real Estate, Operations, Real Estate Contract, Asset Purchase Agreement, Real Estate Lease, Lease Purchase Agreement, and Zoning.
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Colorado ALR owners may be interested to know that changing a “for profit” business structure to a “non-profit” (or vice-versa) soon will no longer be treated as a change of ownership.
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Residential assisted living homes are subject to a variety of laws, regulations, and rules. This is because assisted living is a regulated industry and governments and neighborhoods want to have a say in where and how you build your home and how you operate it. Understanding how these laws fit together can be confusing. The purpose of this blog is to help give you a roadmap to find your way through.
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A few tips for those wanting to establish a residential assisted living home.
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Surveys are a fact of life in the assisted living business. They are an important way for regulators to confirm compliance with regulatory requirements. But assisted living providers may sometimes feel that survey results are unfair. Maybe the surveyor didn’t have all the information, had a misimpression, or was just plain wrong.
Learn how to handle this issue.
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