Providers enrolled in the Wisconsin HIV Drug Assistance Program (HDAP) are required to notify HDAP of a change in ownership within 35 calendar days after the effective date of the change, in accordance with the Centers for Medicare & Medicaid Services Final Rule 42 C.F.R. 455.104(c)(l)(iv).

Failure to report a change in ownership within 35 calendar days may result in denial of payment, per 42 C.F.R. 455.104(d).

Note: For demographic changes that do not constitute a change in ownership, providers should update their current information using the demographic maintenance tool.

Any time a change in ownership occurs, providers are required to do one of the following:

• Mail a change in ownership notification to HDAP. After mailing the notification, providers are required to complete a new HDAP provider enrollment application on the ForwardHealth Portal.
• Upload a change in ownership notification as an attachment when completing a new HDAP provider enrollment application on the Portal.

HDAP must receive the change in ownership notification, which must include the affected provider number (National Provider Identifier [NPI] or provider ID), within 35 calendar days after the effective date of the change in ownership.

Providers will receive written notification of their new HDAP enrollment effective date in the mail once their provider file is updated with the change in ownership.

HDAP defines a change in ownership as an event where a different party purchases (buys out) or otherwise obtains ownership or effective control over a practice or facility.

The following events are considered a change in ownership and require the completion of a new provider enrollment application:

• Change from one type of business structure to another type of business structure. Business structures include the following:
  • Sole proprietorships
  • Corporations
  • Partnerships
  • Limited Liability Companies
• Change of name and tax ID number associated with the provider's submitted enrollment application (for example, Employer ID Number).
• Change (addition or removal) of names identified as owners of the provider.

Examples of a change in ownership include the following:

• A sole proprietorship transfers title and property to another party.
• Two or more corporate clinics or centers consolidate, and a new corporate entity is created.
• There is an addition, removal, or substitution of a partner in a partnership.
• An incorporated entity merges with another incorporated entity.
• An unincorporated entity (sole proprietorship or partnership) becomes incorporated.

HDAP-enrolled providers who sell or otherwise transfer their business or business assets are required to repay HDAP for any erroneous payments or overpayments made to them.

If necessary, HDAP will hold responsible for repayment the provider to whom a transfer of ownership is made. Prior to final transfer of ownership, the provider acquiring the business is responsible for contacting HDAP to ascertain if they are liable under this provision.

The provider acquiring the business is responsible for full repayment within 30 days after receiving such notice from HDAP.

Providers with questions about changes in ownership may call Provider Services.