REVISION NOTICE - Home Care Information Network

Application and Issuance of a License
through a formal hearing process as described in §97.601 of this chapter (relating to Enforcement
Actions).
§97.23 Change of Ownership
(a)
(b)
(c)
(d)
(e)
A license issued under this chapter may not be sold or assigned to another person.
A change of ownership occurs when there is:
(1) a change of 50% or more in the ownership of the business organization or sole
proprietorship that is licensed to operate the agency; or
(2) a change in the federal taxpayer identification number.
A change of ownership for a parent agency is a change of ownership for the parent agency's
branch office or alternate delivery site and requires the submittal of an initial application and
license fee for the branch office or alternate delivery site.
A change of ownership does not apply if an agency is a business entity and is simply amending its
official documents to revise its name.
For agencies licensed to provide licensed and certified home health services and licensed and
certified hospice services, applicable federal laws and regulations relating to change of ownership
or control apply in addition to the requirements of this section.
§97.25 Application Procedures and Requirements for Change of Ownership
(a)
An application for an initial license resulting from a change of ownership must be requested at
least 60 days before the effective date of the change of ownership.
(1) To avoid a gap in the license period, a prospective new owner must submit a complete and
correct application packet for a license and the appropriate license fee to DADS at least 30
days before the anticipated date of sale or other transfer of ownership, and before
expiration date of the license.
(2) An applicant must submit a complete and correct application packet to DADS in
accordance with the instructions provided with the application packet.
(3) An applicant must meet the criteria for a license as described in §97.11 of the chapter
(relating to Criteria and Eligibility for Licensing).
(4) If an applicant submits a timely and sufficient application packet and license fee and meets
all criteria for a license, DADS issues the applicant a license effective on the date of the
transfer of ownership. DADS considers an applicant to have filed a timely and sufficient
application for a license if the applicant submits:
(A) a complete and correct application packet and license fee to DADS that is
postmarked at least 30 days before the anticipated date of sale or other transfer of
ownership, and before the expiration date of the license;
(B)
an incomplete application packet and license fee to DADS with a letter explaining
the circumstances that prevented its completion that is postmarked at least 30 days
before the anticipated date of sale or other transfer of ownership, and before the
expiration date of the license; and DADS accepts the explanation. The applicant
must submit the missing information to DADS within 30 days after the date of the
letter;
DADS / LSHCSSA 06-1 SUBCHAPTER B - 7