The federal courts have been busy of late, especially when it comes to convicting home health owners and operators for wage-fixing, fraud, kickbacks and other illegal schemes. One of the most recent examples is Akop Atoyan, the former co-owner of a Sacramento-based home health and hospice agency. He pleaded guilty last week to one count […]
Polsinelli
Years before he became a powerhouse attorney for the home-based care industry, Angelo Spinola was a caregiver. Ultimately, it wasn’t his calling, but it gave him a taste of the industry that he advocates for today. Part of that advocacy means educating providers on today’s regulatory landscape and helping them avoid being low-hanging fruit for […]
Strong referrals can be the lifeblood of a thriving home-based care business. However, providers need to be sure they’re not running afoul of the federal laws, or the state law equivalents, that regulate the financial relationships between agencies and their referral sources. If a provider receives funding under the Medicare, Medicaid, TRICARE, Veterans Health Administration […]
The independent-contractor pendulum in home-based care could be swinging back in favor of pro-union policies. Providers should take note of potential changes coming down the pike. For instance, there are currently proposed changes that would have an impact on the test used to determine whether someone is an independent contractor or an employee. Those changes […]
As a number of regulatory and legal obstacles hang in the balance, it’s important for home-based care providers to understand the obstacles they face and how to potentially overcome them. On the home health side, there’s the new payment rule for 2023 to navigate and the Home Health Value-Based Purchasing (HHVBP) Model. There’s also a […]
Home care companies that shy away from offering live-in caregiver services are often trying to avoid the potential legal risk it may bring to their doorsteps. However, when providers do want to offer this service, it’s important to be informed about how to deliver it correctly in order to avoid legal landmines. “My view on […]
Home care providers have always taken measures to ensure that they’re able to hold on to staff through clauses in client-services contracts prohibiting the direct hire of a caregiver. That’s especially true amid labor shortages. Now, various government agencies are cracking down on these measures. “Government authorities, such as the Federal Trade Commission (FTC), and in […]
Home-based care agencies should keep a close eye on developments made by the Biden administration when it comes to antitrust laws and non-compete agreements, according to industry insiders. Partners and shareholders with the Polsinelli law firm detailed the latest updates within the Department of Justice (DOJ) on a webinar Thursday. They also covered how new […]
The pace hasn’t been as aggressive as some expected, but the home health industry has been undergoing a wave of consolidation over the past several years, with the number of freestanding agencies decreasing annually since at least 2015. While consolidation can certainly bring added stresses for existing operators, experts in the mergers-and-acquisitions field note there […]
Pushed by the White House, federal watchdogs have a new directive – cracking down on private equity in health care. While they’ll largely be targeting nursing homes and PE investment as part of a recently unveiled senior care initiative from the Biden administration, there will likely be ripple effects in the home-based care space. In […]