I have located the following information on CHOW:
CHOW according to CMS 42 CFR 489.18 (a)
Change of Ownership (CHOW) is defined in 42 CFR 489.18 (a) and generally means, in the case of a partnership, the removal, addition, or substitution of a partner, unless the partners expressly agree otherwise, as permitted by applicable State law. In the case of a corporation, the term generally means the merger of the provider corporation into another corporation, or the consolidation of two or more corporations, resulting in the creation of a new corporation. The transfer of corporate stock or the merger of another corporation into the provider corporation does not constitute change of ownership.
Problem: When a State license is transferred to a new operator it is perceived that the Medicare provider agreement and CMS Certification number (CCN) are automatically assigned to the new operating entity.
(Effective March 2, 2007, the Medicare/Medicaid Provider Number has been renamed the Centers for Medicare & Medicaid Services (CMS) Certification Number (CCN))
Clarification: A State licensing CHOW decision based on an analysis under a State’s criteria is not necessarily relevant to a Medicare CHOW determination. The Medicare CHOW determination must be determined exclusively by Medicare regulations and policies.
And also:
In this regard, many sellers and potentially even buyers of HHAs may be captured by the Rule, which would result in their disenrollment from the Medicare program. For example, an HHA that underwent a reorganization in the past thirty-six (36) months captured by the Transmittal (whether or not a CHOW, but for example resulting in a change of information filing within the scope of the Transmittal), which then permitted the entry of a new equity investor of 5 percent or greater (again in conjunction with an asset sale in exchange for equity or entirely unrelated to a CHOW), may be captured by the Rule as interpreted by CMS, subject to being disenrolled from Medicare, and subject to the reimbursement gap associated with a new enrollment.
http://www.cms.gov/transmittals/downloads/R318PI.pdf
Change Request 6750, Transmittal 318, dated December 18, 2009, is being rescinded and will not be replaced at this time.
In the meantime, providers contemplating a transaction or transfer of any type reportable to CMS should carefully consider whether the provider has undergone an “ownership change” as broadly defined by the Transmittal within thirty-six (36) months of its potential “ownership change” (again as broadly defined) to determine the potential application of the Rule on any provider involved in the transaction.
Is this actually in effect in regards to the 'within 36 months' rule for Medicare disenrollment involving DME CHOWs ?