To read the latest updates on home health care issues, visit our weblog. Stay current on the latest news that could impact your business and send us your comments and questions.

Start your own topic

Here you can discuss your own topic.

Discuss current topics

The following topics are opened to discussion:

Home Health Agency for Sale
2008-07-01, 11:10:22 - (by Theodore M. McGinn, 0 comments)

The sole owner of a home health care agency is interested in selling her entire interest to an interested party. The agency has been in operation for approximately 2 years and has no liabilities outside of the ordinary course. Interested parties should contact me.

Nursing
2008-07-29, 15:00:52 - (by Beata, 0 comments)

Has the shortage of nurses been satisfied?

Group of Professional Personnel
2008-09-12, 12:54:40 - (by Ted McGinn, 0 comments)

Home health agencies are commonly corporations or limited liability companies. Both types of entities require certain formalities when set up. In particular, corporations have a borad of directors, and officers elected who handle the day to day activites. What many agencies are not aware of, the code of regulations require the implementation of a group of professional personnel. A group of professional personnel is required to meet frequently to advise the agency on professional issues, including maintaining a liaison with other health care providers in the community. The group also establishes and reviews the agency’s policies and scope of services, admission and discharge policies, and other matters. Their meetings are required to be documented in dated minutes and kept with the corporate minute book. Surveyors often cite the failure to implement such body as a deficiency. The group of professional personnel comprise of at least one physician, one registered nurse (preferably a public health nurse), and appropriate representatives from other discipline (physical therapy, social work, and home health aides). If you need your minutes updated to reflect such requirements, please consult your attorney.

Comingling Funds
2008-04-18, 09:45:24 - (by Jim Voigt, 0 comments)

Just like driving with your “check engine” light on, small business owners often make simple mistakes that end up with a large price tag. Perhaps the most dangerous of these mistakes is co-mingling funds. It could be an open door to losing your protection from liability. A term like “co-mingling funds” sounds like something only a crook would do, but don’t be surprised if you have done it yourself without even realizing it. The most common way that people co-mingle funds is by paying a business debt or obligation with personal funds. I recently had a client that owed a large federal tax bill on his business. He used the equity in his home to pay that bill, and we are treating that payment as a loan to the business. If we were to fail to properly document that loan with a promissory note, our client would be co-mingling funds. The same is true every time you pick up office supplies for your business, and pay with your personal debit card. Another way to co-mingle funds is to pay your personal obligations with business funds. This is more obvious. Most business owners know that you have to pay yourself with dividends, payroll, or some other legal method. However, there is one way to co-mingle funds that surprises even most lawyers. Business owners often hold their business accounts and loans at the same bank where their personal accounts are held. Do not be surprised if the bank has a right to offset one account against another. A client recently ran into a serious problem with a right to offset. The client held a large business bank loan at a local bank. The monthly interest payment was due, and the partners of the business were working to settle who would be responsible for the payment. Before they settled the matter, the bank withdrew the loan payment of $17,000.00 by debiting our client’s personal account, which was held at the same bank. We found that our client had given the bank permission to do exactly that when he signed the flurry of forms necessary to open the business account. Even though it was not intentional, this was co-mingling of funds. To avoid co-mingling, you must document every time that money moves between your business and personal accounts. That document might be a pay stub, a promissory note, or a simple reimbursement slip. A few tips on avoiding co-mingling: a) Avoid paying your business debt with a personal check or personal debit card. It is better to write a personal check payable to the business and then pay the debt with a company check. Moreover, in exchange for that personal check, the business should give you a promissory note with an interest rate of at least 6%. b) For small items like a quick run to the office supplies store, submit a reimbursement request to the business along with a receipt, even if you are the only employee of the business. Nevertheless, avoid constant reimbursements. Whenever possible, pay for business expenses with a business check. c) When the business needs to pay a personal obligation, you must declare a dividend, cut yourself a regular payroll check, or have the business give you a loan. Always create a paystub, dividend statement, or promissory note to document the transaction. Perhaps this all sounds like a lot of hassle, but our office is here to help. We can prepare promissory notes and other documents for less than you might think. We can even keep track of your loans and repayments for you, calculate the interest, and maintain all the records. A little preventive maintenance can go a long way toward keeping your business running smoothly. Lavelle Law, ltd. James D. Voigt – Group Manager 501 West Colfax Street Palatine, Illinois 60067

Grant available for female owned businesses
2008-04-11, 14:41:55 - (by Ted McGinn, 0 comments)

Many of my clients are looking for ways to cash in on the fact that they are female-owned. I came across this grant program from Yahoo! Small Business that you may want to check out: http://seedsforsuccess.smallbusiness.yahoo.com/ Yahoo! Small Business and Carolyn Kepcher, founder of fwm (Finding What Matters) and former star of "The Apprentice," are seeking women who have the next breakthrough idea or a new small business to apply for a chance to win 1 of 3 amazing grant packages.

Purchasing a business
2008-04-09, 07:09:58 - (by tramadol, 0 comments)

Great website. The relevant topic to this comment is: Purchasing a Business The relevant topic's text to this comment is: I have been asked if one who purchases an existing business is protected against the legal claims that arose prior to the purchase. This is a complicated issue. However, the answer depends on whether the purchase is an asset purchase, or a stock purchase. In a stock purchase, the liabilities that existed on the date of purchase survive the transaction, and such creditors may seek recourse against the business post closing. If it is an asset purchase, after the closing, the assets belong to a different entity. And generally, the creditors of the seller can not seek recourse from the purchaser. The exception is if the creditor filed a lien with respect to the asset prior to closing. In that case, the creditor may seek recourse through such asset even though it is now owned by a new entity. These issues are complicated matters, and an attorney should be involved and thoroughly review the purchase documents.

New Opportunities
2008-04-02, 11:21:57 - (by Ted McGinn, 0 comments)

As anyone operating a home health care agency is aware, the current market in the Chicagoland area is very competitive. Although there are a greater and greater number of individuals seeking home health care related services, there are a large number of providers in the area. However, as the baby boomer generation continues to age, there is now an opportunity to expand a traditional home health care base business into other areas. In particular, there is a market developing for I refer to as a basic non-medical care coordinator. The traditional scenario is a situation where the children of an aging individual become concerned over the well-being of their parent. However, such child may not be in the area or not able to devote the amount of time that is necessary in order to take care of such aging individual. Such aging individual will need help with basic tasks of payment of bills maintaining the order of the house, as basic cleaning, purchasing day-to-day supplies, and/or groceries, and simply providing daily company. Although these services would not be paid for through Medicare, families are willing to pay for these services. These services are a natural expansion of a traditional home health care base business.. This business can be considered a geriatric care provider, home management coordinator, or under any other name devoted towards the day-to-day care of an aging individual. Another type of business is adult day care. Regardless of the term provided for such service, there is a growing need and a tremendous opportunity. Once concern of those looking to hire a caregiver would be to insure that they have a trust worthy provider. Naturally, any individual who is hired in this capacity has access to private and/or confidential matter involving the individual. Accordingly, any family looking to hire a caregiver in this capacity will want to seek to insure that they are hiring a trust worthy individual. The National Alliance for Caregiving is a non-for-profit organization that provides reviews of the health care givers and provides a rating available to individuals wishing to hire a caregiver. It is critical, that any agency wishing to enter into this market that they comply with the requirements of such organization in order to receive a positive review. As the population tends to age, there are a number of other opportunities beyond traditional home health care. Home health care agencies in this highly competitive market of Chicago must continue to adapt their business model and consider other types of business opportunities. Those agencies that do adapt will prove to be more successful in the long run.

Home Health Agencies Must Expand
2008-01-21, 10:26:05 - (by Ted McGinn, 0 comments)

Traditional home health care agencies provide services to those patients who are too well to be in the hospital, but in need of health care related services. The services are provided pursuant to a plan of care handed down from the patients’ physician. Such home health care related services are ordinarily for a short limited period of time. Under this business model, home health care agencies have proven to be successful. In addition to traditional home health care services, agencies may also expand their line of services to include both hospice care and home infusion care. Hospice care is health care services devoted towards the treatment of pain and/or symptoms suffering by the patient. In order to qualify under hospice care, the patient’s physician must certify that the patient has less than six months to live due to a disease or other illness. Large volumes of patients receiving hospice care have been diagnosed with cancer. However, cancer is not a prerequisite in order to qualify under hospice care. The attractiveness of such hospice care is that such care would continue more then the standard plan of care associated with traditional home health care services. A new and steadily more popular service is home infusion. These services are related to the administration of medication, either antibiotics or other medication, to patients through intravenous delivery methods. In addition to these services, agencies are also able to recoup cost related to the IV delivery systems. Although not all supplies could be covered, the supplies that are covered are quite costly. In any event, home infusion services are gaining more popularity in the home health arena, and is a line of services that should be considered. Home health care businesses like any other business must constantly adapt their business model in order to continue to be successful in the ever evolving business environment. The above are two new exciting lines of businesses that home health care agencies can expand into in order to improve its profitability.

New Payment Regulations
2007-11-23, 15:07:01 - (by Ted McGinn, 0 comments)

Effective January 1, 2008, Medicare will be implementing new 60 day episode rates for and national per visit amounts for prospective payment system. The intent is to reflect changes in costs in the market place overall. To see the new regulation, contact our office.

Cost of various medical operations
2007-10-10, 00:54:11 - (by Peter, 0 comments)

You'd ask your contractor to give you some numbers before he does the job. Why not doctors ? Why can't I get a straight answer when I'd like to know how much that blood test will cost me ?

Purchasing a Business
2007-07-12, 16:48:14 - (by Ted McGinn, 0 comments)

I have been asked if one who purchases an existing business is protected against the legal claims that arose prior to the purchase. This is a complicated issue. However, the answer depends on whether the purchase is an asset purchase, or a stock purchase. In a stock purchase, the liabilities that existed on the date of purchase survive the transaction, and such creditors may seek recourse against the business post closing. If it is an asset purchase, after the closing, the assets belong to a different entity. And generally, the creditors of the seller can not seek recourse from the purchaser. The exception is if the creditor filed a lien with respect to the asset prior to closing. In that case, the creditor may seek recourse through such asset even though it is now owned by a new entity. These issues are complicated matters, and an attorney should be involved and thoroughly review the purchase documents.

surveyor comments
2006-12-04, 16:01:13 - (by tina, 0 comments)

Recent survey from by Indiana Public Health states that Physical Therapy foreign graduates must show proof that their school is a member of the World Confederation of Physical Therapy even AFTER passing state board exams. Mary Snyder, Indiana State Surveyor says that it's a condition of participation - I've tried looking up this organization at www.wcpt.org - no schools are listed. The surveyor had no website to refer us to - Wondering if anyone has any other resources they can share - please share thoughts.

Worker's Compensation
2007-02-19, 13:47:38 - (by Ted McGinn, 0 comments)

The Illinois Worker's Compensation Insurance Commission has commenced a systematic review of Illinois home health care agencies compliance with worker's compensation insurance regulations. The Commission is levying fines over $10,000 under certain circumstances. At this time, all agencies should evaluate their insurance and become compliant under the applicable law.

National Provider Identifier
2006-06-02, 09:44:59 - (by Ted McGinn, 0 comments)

The Secretary of Health and Human Services adopted a standard unique health identifier for certain providers. Complaince is required by May 23, 2007 for most entities. This will replace any current health care provider identifiers. Have you applied for yours?

Nursing Shortage
2006-05-31, 09:25:25 - (by Ted McGinn, 1 comments)

As a result of aging baby boomers and a shortage of teaching professionals, there is now a severe shortage of nurses. How is this shortage going to be filled? As with supply and demand, with such shortage, I suspect that the only way to correct the shortage is to increase wages and other perks available for nurses.