Medicare Benefit Policy Manual (Pub. 100-02), Ch. 7 § 10.11
Change of Ownership Relationship to Periods Under HH PPS
10.11 - Change of Ownership Relationship to Periods Under HH PPS
(Rev. 265, Issued: 01-10-20, Effective: 01-01-20, Implementation: 02-11-20)
A. Change of Ownership With Assignment
When there is a change of ownership and the new owner accepts assignment of the
existing provider agreement, the new owner is subject to all the terms and conditions
under which the existing agreement was issued. The provider number remains the same
if the new HHA owner accepts assignment of the existing provider agreement. As long
as the new owner complies with the regulations governing home health PPS, billing, and
payment for 30-day periods with applicable adjustments for existing patients under an
established plan of care will continue on schedule through the change in ownership with
assignment. The 30-day period would be uninterrupted spanning the date of sale. The
former owner is required to file a terminating cost report. Instructions regarding when a
cost report is filed are in the Provider Reimbursement Manual, Part 1, §1500.
B. Change of Ownership Without Assignment
When there is a change of ownership, and the new owner does not take the assignment of
the existing provider agreement, the provider agreement and provider number of the
former owner is terminated. The former owner will receive partial payment adjusted
payments in accordance with the methodology set forth in the Medicare Claims
Processing Manual, Chapter 10, "Home Health Agency Billing," §40.2, and 42 CFR
484.235, based on the last billable visit date for existing patients under a home health
plan of care ending on or before the date of sale. The former owner is required to file a
terminating cost report. The new owner cannot bill Medicare for payment until the
effective date of the Medicare approval. The new HHA will not be able to participate in
the Medicare program without going through the same process as any new provider,
which includes an initial survey. Once the new owner is Medicare-approved, the HHA
may start a new 30-day period for purposes of payment, OASIS assessment, and
certification of the home health plan of care for all new patients in accordance with the
regulations governing home health PPS, effective with the date of the new provider
certification.
C. Change of Ownership - Mergers
The merger of a provider corporation into another corporation constitutes a change of
ownership. For information on specific procedures, refer to Pub. 100-07, State Operations
Manual, chapter 2, section 2202.17.