23 Miss. Code. R. 200-4.3 - Change of Ownership
A. A change of
ownership of a provider/facility as defined by the Division of Medicaid
includes, but is not limited to: inter vivos gifts, purchases, transfers, lease
arrangements, cash and/or stock transactions or other comparable arrangements
whenever the person or entity acquires or controls a majority interest of the
facility or service. The new owner, upon consummation of the transaction
effecting the change of ownership, shall, as a condition of participation,
assume liability, jointly and severally, with the prior owner for any and all
amounts that may be due to the Medicaid program.
B. The new ownership agreement shall be
subject to any restrictions, conditions, penalties, sanctions or other remedial
actions taken by the Division of Medicaid, the state agency or the federal
agency against the prior owner of the facility.
C. The agreement will also remain subject to
all applicable statutes and regulations, including, but not limited to:
1. Any statement of deficiencies cited by the
State Agency that are not in substantial compliance, including any existing
plan of correction,
2. Any
expiration date,
3. Compliance with
applicable health and safety standards,
4. Compliance with ownership and financial
disclosure requirements, and
5.
Compliance with civil rights and the rights of individuals with developmental
disability requirements.
D. A provider/facility that undergoes a
change of ownership must:
1. Notify the
Division of Medicaid within thirty-five (35) days after any change in ownership
through the submission of:
a) A complete
Mississippi Medicaid Provider Application Packet, and
b) Proof of change of ownership such as a
bill-of-sale or Medicare Tie-In Notice.
2. Receive a new taxpayer identification
segment for the new owner with the provider number remaining
unchanged.
3. Comply with all
applicable Mississippi Department of Health requirements for changes of
ownership [Refer to 15 Miss. Admin. Code. Pt 16, Subpart 1, Rule 49.2.6 and 15
Miss. Admin. Code Pt. 9, Subpart 91, Appendices.]
E. When there is a change of ownership or
retirement/closure, a provider must continue to maintain all Medicaid
beneficiary records for at least six (6) years, unless an alternative method
for maintaining the records has been established in writing, and approved by
the Division of Medicaid as required by Health Insurance Portability and
Accountability Act of 1996 (HIPAA). [Refer to Part 200, Chapter 1, Rule
1.3, Maintenance of
Records.]
F. The following are
examples of changes of ownership. This list is not exhaustive. Providers who
are unsure of whether a transaction constitutes a change of ownership should
contact the Division of Medicaid's Office of Provider Enrollment. Examples
include:
1. Changes in type of organization
(ex. Partnership to limited liability company, or single proprietorship to
organization),
2. Mergers, when a
new organization is formed and the merging companies are
non-surviving,
3. Consolidation of
two or more corporations resulting in a new corporate entity,
4. Changes in partnership, including the
removal, addition, or substitution of one or more individuals as partners
(under Mississippi law, these actions result in dissolution of an older
partnership and creation of a new one),
5. Transfers between different levels of
government, such as city to county, state to county, etc., and
6. Transfer (sale, gift, exchange of stock)
that results in a fifty (50) percent or more change.
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