deleted text begin Transfers prohibited; deleted text end Changes in ownership.

deleted text begin Any deleted text end new text begin (a) A new text end home care license issued by the commissioner may not be transferred to another party. Before acquiring ownership of new text begin or a controlling interest in new text end a home care provider business, a prospective deleted text begin applicant deleted text end new text begin owner new text end must apply for a new deleted text begin temporary deleted text end license. A change of ownership is a transfer of operational control deleted text begin to a different business entity deleted text end new text begin of the home care provider business new text end and includes:

(1) transfer of the business to a different or new corporation;

(2) in the case of a partnership, the dissolution or termination of the partnership under chapter 323A, with the business continuing by a successor partnership or other entity;

(3) relinquishment of control of the provider to another party, including to a contract management firm that is not under the control of the owner of the business' assets;

(4) transfer of the business by a sole proprietor to another party or entity; or

(5) deleted text begin in the case of a privately held corporation, the change in deleted text end new text begin transfer of new text end ownership or control of 50 percent or more of the deleted text begin outstanding voting stock deleted text end new text begin controlling interest of a home care provider business not covered by clauses (1) to (4) new text end .

new text begin (b) An employee who was employed by the previous owner of the home care provider business prior to the effective date of a change in ownership under paragraph (a), and who will be employed by the new owner in the same or a similar capacity, shall be treated as if no change in employer occurred, with respect to orientation, training, tuberculosis testing, background studies, and competency testing and training on the policies identified in subdivision 1, clause (14), and subdivision 2, if applicable. new text end

new text begin (c) Notwithstanding paragraph (b), a new owner of a home care provider business must ensure that employees of the provider receive and complete training and testing on any provisions of policies that differ from those of the previous owner within 90 days after the date of the change in ownership. new text end