Medicare Blog

when can i sell my medicare home health agency after a chow

by Mona Daniel Sr. Published 2 years ago Updated 1 year ago
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Full Answer

Is a change of ownership a Chow for Medicare?

Although it may appear, from a business standpoint, that a change of ownership will occur, the transaction may not necessarily be considered a CHOW for Medicare. Essentially, if the person or entity with ultimate responsibility for the provider changes, typically there will be a Medicare CHOW.

How is the seller's provider agreement assigned in a Medicare Chow?

Unless the buyer takes steps to affirmatively reject the seller's provider agreement, in a Medicare CHOW, the seller's provider agreement is automatically assigned to the buyer.

Will selling my home affect my Medicare premiums?

Selling your home could lead to higher Medicare premiums if your taxable income sees a boost. Although your Medicare benefits shouldn't change when you sell your home, your monthly premiums may. It depends on whether the sale of your home affects your taxable income.

What happens when you buy a Chow?

Once a CHOW becomes effective, the new owner becomes the only party bound by the provider agreement, which controls the organization’s interactions with Medicare. As a result, only the new owners have the capability to file a claim for the organization they purchased.

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What is a chow process?

A Change of Ownership (CHOW) typically occurs when a Medicare provider has been purchased (or leased) by another organization. The CHOW results in the transfer of the old owner's Medicare Identification Number and provider agreement (including any outstanding Medicare debt of the old owner) to the new owner.

How do I correct my Medicare application?

Users may still request a correction via phone and/or e-mail if the enrollment application is currently being processed by a Medicare contractor. The new information, however, cannot be given and accepted via phone or e-mail. It must still be submitted through Internet-based PECOS.

Who is the best person to talk to about Medicare?

Do you have questions about your Medicare coverage? 1-800-MEDICARE (1-800-633-4227) can help. TTY users should call 1-877-486-2048.

Why do doctors not like Medicare Advantage plans?

If they don't say under budget, they end up losing money. Meaning, you may not receive the full extent of care. Thus, many doctors will likely tell you they do not like Medicare Advantage plans because private insurance companies make it difficult for them to get paid for their services.

What is CHOW in Medicare?

On July 23, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would establish new exceptions to a regulatory provision (promulgated by CMS in 2009) that had expanded restrictions on the transfer of Medicare billing privileges and changes of ownership (CHOW) for home health agencies (HHAs). This has been an area of considerable flux for the home health sector since December 2009, when CMS issued-then in May 2010 rescinded-a transmittal that had further expanded what constitutes a CHOW for home health transactions. With this proposed rule, CMS appears poised once again to significantly restrict home health transactions in an effort, CMS asserts, to stem potentially abusive "flipping" of ownership interests in HHAs.

When was the HHA CHOW rule amended?

Proposed Amendment to the HHA CHOW Rules. On July 23, 2010, CMS proposed to (1) amend the HHA CHOW Rule, (2) exempt certain "bona fide ownership transactions" from the amended HHA CHOW Rule, and (3) define a "change in majority ownership.".

Is home health program integrity a priority?

Home health program integrity remains a high-priority area for CMS. However, in attempting to use a broad-brush approach to police so-called "certificate mills," the proposed rule may chill a significant number of legitimate HHA transactions involving both equity and debt investments. Further, CMS does not explain how it arrived at the four proposed "bona fide ownership transactions" to the exclusion of other legitimate ownership changes. The industry should take advantage of the opportunity to weigh in on these proposed rules and submit additional exceptions for legitimate transactions. Public comments are due by September 14, 2010.

When are public comments due for the 2010 FINRA?

Public comments are due by September 14, 2010.

Is a CHOW a CHOW?

§ 489.18), which applies to all Medicare Part A provider types, a transaction is not regarded as a CHOW unless there has been an asset purchase, merger, consolidation, or transfer of title or property, or for a partnership, a change in partnership composition. The regulation specifically excludes transactions by corporations in which the corporate entity remains intact, for example, a stock transfer that results in a change in shareholders, but not a change in the responsible corporate entity.

What is the price range for a non-medical home care business?

If the sale price of your business is in the $450,000 – $3,000,000 range, finding an individual buyer to purchase through the SBA ( Small Business Administration) is a great option.

How long does it take to sell a business?

Based on sale data over the last three years, the average time it takes to sell a business is roughly six to ten months.

Do you need a license to sell home care?

Some states have moratoriums on licenses while other states don’t even require a license.

Can a home care company sell multiples?

Yes and no. All businesses are unique, and there are many factors that impact the multiple they will sell for. Below, we’ll discuss the general factors that impact your multiple and the specific factors that impact non-medical home care companies.

Does South Carolina require a moratorium on home health insurance?

And South Carolina has no moratorium; however, you must apply for a state-issued license to operate a non-medical home care company.

Who is covered by Part A and Part B?

All people with Part A and/or Part B who meet all of these conditions are covered: You must be under the care of a doctor , and you must be getting services under a plan of care created and reviewed regularly by a doctor.

What is an ABN for home health?

The home health agency should give you a notice called the Advance Beneficiary Notice" (ABN) before giving you services and supplies that Medicare doesn't cover. Note. If you get services from a home health agency in Florida, Illinois, Massachusetts, Michigan, or Texas, you may be affected by a Medicare demonstration program. ...

What is a medical social service?

Medical social services. Part-time or intermittent home health aide services (personal hands-on care) Injectible osteoporosis drugs for women. Usually, a home health care agency coordinates the services your doctor orders for you. Medicare doesn't pay for: 24-hour-a-day care at home. Meals delivered to your home.

What is the eligibility for a maintenance therapist?

To be eligible, either: 1) your condition must be expected to improve in a reasonable and generally predictable period of time, or 2) you need a skilled therapist to safely and effectively make a maintenance program for your condition , or 3) you need a skilled therapist to safely and effectively do maintenance therapy for your condition. ...

Does Medicare cover home health services?

Your Medicare home health services benefits aren't changing and your access to home health services shouldn’t be delayed by the pre-claim review process.

Do you have to be homebound to get home health insurance?

You must be homebound, and a doctor must certify that you're homebound. You're not eligible for the home health benefit if you need more than part-time or "intermittent" skilled nursing care. You may leave home for medical treatment or short, infrequent absences for non-medical reasons, like attending religious services.

Can you get home health care if you attend daycare?

You can still get home health care if you attend adult day care. Home health services may also include medical supplies for use at home, durable medical equipment, or injectable osteoporosis drugs.

What happens when a provider changes ownership?

When a provider undergoes a change of ownership, a transfer of the Medicare agreement goes to the new owner unless the new owner rejects the existing agreement. If the new owner rejects the agreement, the CHOW is considered an initial enrollment for the new owner.

What does it mean to accept assignment of a provider agreement?

Accepting assignment of the existing provider agreement means the new owner is subject to all terms and conditions under the existing agreement. The new owner receives the benefits of assuming the Medicare provider agreement, such as receiving any underpayments discovered after the CHOW. However, the new owner also assumes all penalties and sanctions under the Medicare program, including repayment of any accrued overpayments discovered, regardless of who had ownership of the Medicare agreement at the time of the overpayment unless fraud was involved. When fraud is involved, in any fiscal year the previous owner had assignment, responsibility for the repayment of fraudulent overpayments remains with the previous owner.

Can a new owner accept Medicare?

New owner does not accept existing Medicare agreement. If the new owner refuses to accept assignment of the previous owner’s Medicare agreement, the new owner must enter into its own Medicare agreement as a product of their initial enrollment into the Medicare program.

Selling your home could lead to higher Medicare premiums if your taxable income sees a boost

Although your Medicare benefits shouldn't change when you sell your home, your monthly premiums may. It depends on whether the sale of your home affects your taxable income.

What Is the High-Earner Threshold?

Medicare considers you a high earner if your modified adjusted gross income (MAGI) exceeds $91,000 per year if you file your taxes as a single, or $182,000 for married couples filing jointly.

How Does Selling Your Home Affect Medicare Premiums?

The capital gains tax may apply when you make a profit on an investment, which includes the sale of real estate. Luckily, the IRS does allow you to exclude a portion of your capital gains on real estate.

When Can't You Take Advantage of Capital Gains Exclusions?

It wouldn't be the U.S. tax code if there weren't limits to the real estate exclusion. If any of the following apply, you will have to pay tax on the whole gain, meaning it will count toward your MAGI:

Appealing the Income-Related Monthly Adjustment Amount

Although Medicare premiums are determined by the Centers for Medicare & Medicaid Services (CMS), the " Initial IRMAA Determination Notice " comes from the Social Security Administration. This notice describes how SSA determined you owe IRMAA and provides information on filing an appeal.

How Long Does IRMAA Apply?

The good news is that an IRMAA determination doesn't mean you owe the high-earner surcharge forever. If your adjusted gross income dropped below the IRMAA threshold, you'll pay the standard Medicare premiums next year.

If I Sell My House, Will I Lose My Medicare Benefits?

Selling your home will not cause you to lose your Medicare benefits. However, if you have a Medicare plan and move to a new address, you may need to change your plan.

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