New Jersey health care facilities and home care services agencies considering a change in control must soon be mindful of the requirements of Senate Bill No. 315 (the Act), signed into law by Governor Phil Murphy on August 18, 2022, and effective on November 16, 2022. The Act provides employment security to non-managerial employees that will continue well after a change in control transaction is completed. The Act is available here.
Entities covered under the Act include health care facilities licensed pursuant to N.J.S.A. 26:2H-1 et seq., staffing registries, and home care services agencies as defined under N.J.S.A. 45:11-23.
The Act applies to any “change in control” of a covered health care entity, which is defined to include the sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in a health care entity’s operations or of a controlling interest in the health care entity, such as by consolidation, merger, or reorganization. The Act also applies to any event or sequence of events, including a purchase, sale, or termination of a management contract or lease, that causes the identity of the covered health care entity employer to change. A change in control does not include transactions between New Jersey government entities.
Employees entitled to protections under the Act include employees employed during the 90-day period before the effective date of a change in control and previously discharged employees with...
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