Change of Ownership Regulatory Changes for PA Long-Term Care Facilities

While the Pennsylvania Department of Health (“DOH”) regulations governing long-term care (“LTC”) facilities have historically set forth the process for the closure of an LTC facility (see 28 PA Code 201.23), the regulations have been silent when it comes to a change of ownership (“CHOW”).

That is, until now. Effective February 1, 2023, the DOH issued a “notice and opportunity to comment” on a new regulation for LTC facilities that plan to undergo a change in ownership.

Specifically, the new regulation will be at 28 PA Code 201.12a and will include compliance stipulations:

• following the requirements of Section 210.12 regarding the application for a new licensee;
• providing written notice of the CHOW to the facility’s residents and resident representatives;
• providing written notice of the CHOW to the facility’s employees; and
• providing written notice to the office of the state long-term care ombudsman.

The information to be included in the notices is the name and address of the facility, the name and address of the prospective licensee and contact information for the ombudsman.

The timing for providing these notices is simultaneous with the prospective licensee’s filing of its license application.

The DOH will permit the new requirement to be met by posting the written notice in a public location within the facility. Please also note that comments are due to the DOH within 30 days of publication in the Pennsylvania Bulletin.