Did you change your Healthcare Facility’s name change from an “LLC” to a Corporation with the Florida Division of Corporations (Sunbiz.org)? Did you change your healthcare facility from a Profit to Non-Profit Organization? Have you been operating as a healthcare facility for years as an individual and now recently became an LLC or a corporation? Or has your corporation been acquired by an out of state 3rd party entity?
Recently, AHCA has been experiencing and Issuing an abundance of Notices of Intent to Deny current health care facilities due to an apparent change of ownership.
- If there is any change to a 5% or more interested party in the business or;
- even if all licensee parties remain the same, yet had a change of business model;
- or if a parent company was acquired by another company;
A change of ownership application will be required. Do not fall prey in relying upon other professionals informing you that a change of ownership application is not required. Even if you have already renewed your healthcare facility license AHCA will still issue a notice of intent to deny or possibly an administrative complaint against your healthcare facility if there is an apparent change of ownership during the license period.
Do not lose your healthcare facility license due to the failure to file a change of ownership or the failure to respond to the notice of intent to deny.
We have experience representing clients who have received from AHCA a notice of intent to deny due to the failure to timely file a change of ownership application. If this happens to you, it is our professional judgment that you gather the letter and relevant paperwork and contact an experienced health care attorney to handle your case.
There are options but those options become limited if you do not quickly act.
Has your Change of Ownership Application (CHOW) been Denied?
Another common myth that business owners believe is that they can simply sell their health care facility or entity to anyone and then the new owner will apply for a license with AHCA. Or the seller wrongly informs the buyer that “You can just file for a renewal of my license once you take over the business.” We are aware of situations where owners incorrectly believe that both are true. It is virtually assured that AHCA will deny your license under these situations.
If AHCA rejects your Change of Ownership application you will receive a Notice of Intent to Deny the License. You have a time deadline to respond. Many of the problems associated with a denial involve situations where AHCA does not believe your application has sufficient proof of financial viability, personnel or owners have failed a background check or not had one at all, missing information or the application for change of ownership was submitted after the closing date for the sale of the business.
However, all is not lost! If you encounter such problems you should immediately and without delay contact an experienced health care attorney. There are certain strategies and methods available and in many situations, it’s not too late to recover from this scenario.
Our Law Firm
Our law firm is available for a free no-obligation consultation. Howell, Buchan & Strong, Attorneys at Law represent licensed professionals with advice and representation.
Have questions about the process? We’re here to answer them. Reach us at 850-877-7776 or 407-717-1773.
¿Necesita un consejo? No vaya solo, estamos aqui para aydarle. Llame a la asistente legal Helen Blandon para una consulta gratuita hoy en el bufete de abogados de Howell, Buchan & Strong, al 407-717-1773.