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The ERISA Litigation Newsletter - July 2015

Editor's Overview - This month's article by Lindsey Chopin discusses Affordable Care Act ("ACA") litigation. Just five years old, the Supreme Court has considered issues related to the ACA numerous times. Two of those...more

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

In an opinion dated June 26, 2015, the U.S. District Court for the Middle District of Florida ruled that the bankruptcy court administering the Bayou Shores SNF, LLC (“Debtor” or “Bayou Shores”), chapter 11 proceeding lacked...more

Trade Act Reinstates Expired Health Coverage Tax Credit (HCTC)

On July 6, 2015, President Obama signed the Trade Preferences Extension Act of 2015. Among other things, the Trade Act retroactively reinstated the Health Coverage Tax Credit (HCTC), which had previously expired on January...more

Why health care entities should pay attention to the Federal Priority Act

The Federal Priority Act (FPA) is a little-known statute that dates back centuries, and has increasingly been used by the federal government to recover significant sums from all types of insolvent businesses and...more

Long Term Care Lenders Beware: Could You Be Liable For Patient Care?

Plaintiffs are increasingly seeking to extend to remote lenders liability for alleged negligent care of residents in long term care facilities. The current strategy is to use "alter ego and veil piercing" theories which claim...more

Volunteer Directors and Officers Liable to Facility Creditors

The Third Circuit Court of Appeals recently upheld a trial court’s jury verdict finding the individual board members and officers of a non-profit healthcare facility personally liable to the facility’s creditors. The board...more

Federal Appellate Court Ruling Sounds the Liability Alarm for Officers and Directors of Struggling Health Care Providers – Both...

Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in...more

ProNerve Holdings, LLC, A Colorado Based Provider of Intraoperative Neurophysiologic Monitoring (IOM) Files for Chapter 11...

On February 24, 2015, ProNerve Holdings, LLC and 8 affiliated companies filed voluntary chapter 11 petitions in Delaware. The case is docketed at 15-10373, and has been assigned to The Honorable Kevin J. Carey....more

Florida Bankruptcy Court Offers Potential Means to Stave Off Medicare Termination

A recent bankruptcy decision in Florida may have implications for troubled healthcare entities that seek to avoid Medicare termination and preserve reimbursements. ...more

"Health Care Sector Creates Challenges for Distressed Providers, Opportunities for Others"

In 2014, the health care industry continued to see a high level of M&A activity, with announced transactions approaching $440 billion globally by the end of November. In the United States, consolidation continues to occur in...more

Health Care Financing Trends: What Do They Foreshadow?

This article explores some current health care financing trends and speculates on what they may portend for work in a health care restructuring professional’s “pipeline.” While there are many kinds of health care enterprises...more

Bankruptcy sales for distressed hospitals: 4 questions to ask before you begin

Over the last several years, a wide range of healthcare companies, among them hospitals, home health agencies and continuing care facilities, have faced financial distress as a result of declining revenues, high operating...more

Employee Benefits Developments - August 2014

The Departments of the Treasury, Labor, and Health and Human Services issued final regulations addressing the rule in the Affordable Care Act (ACA) that prohibits a group health plan from having a waiting period that exceeds...more

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These...more

The Check’s in the Mail - Who Is Responsible for Payment in a Delegated-Network System?

In today’s healthcare system, reimbursement issues involve not only prompt pay statutory provisions but also various risk-shifting arrangements included in a delegated-network system of managed care. When the insolvency of...more

Health Care and Bankruptcy in Arizona

Getting sick can be very expensive. Many of the bankruptcy cases I file here in Arizona have a large amount of medical bills. And things don’t look to be getting any better. I just renewed my health insurance for my family...more

White Collar Watch - February 2013

In This Issue: - New HIPAA “Megarule” Broadens Enforcement - Government Declines to Seek Rehearing of Landmark Off-Label Speech Decision - Seizure of Rothstein Ponzi Assets Highlights Tension Between...more

BLG Monthly Update for December 2012

UGG boots, thieving drug addicts, misappropriated sheep and the usual neat contracts cases: all this and more in the BLG Monthly Update for December....more

Links To Free Copies Of Documents Filed In The Chapter 11 Bankruptcy Cases Of LCI Holding Company, Inc. (D/B/A LifeCare Hospitals)

Links to Free Copies of Documents Filed in the Chapter 11 Bankruptcy Cases of LCI Holding Company, Inc. (d/b/a LifeCare Hospitals) Our newest website – www.courtreads.com – offers completely free access to over 150,000...more

Pledges By Debtors To Nonprofits May Not Be Enforceable After Bankruptcy

Is a bankrupt pledgor legally bound to fulfill its promise to pledge a gift; or will a nonprofit have a successful claim against a pledgor if there is a subsequent failure to make payment because of a bankruptcy filing? A...more

Obamacare, Medical Bills & Bankruptcy

The news coverage on the U.S. Supreme Court’s decision on Obamacare had all the flare of the Superbowl. This decision will no doubt be hashed out both in public and private for sometime to come. And whether you are for...more

Some Thoughts on the Healthcare Debate

Some Thoughts on the Healthcare Debate by Joel R. Glucksman on June 29, 2012 On Thursday June 28 the United States Supreme Court issued its contribution to the healthcare debate. In a lengthy and rather surprising...more

When You Should File Medical Bankruptcy

Medical costs continue to skyrocket. The costs are made higher if you have to go for follow-up treatment or consume ongoing medication. And if your case involves major surgery, it can cost six figures. All this is enough to...more

Points & Authorities - Winter 2012

In This Issue: - Banker Beware: Bank Practices under Increased Scrutiny as Dodd-Frank Implementation Begins - The Lender-Borrower Tangle: Understanding California and Arizona Anti-Deficiency Legislation - New...more

Ortiz v. Aurora Health Care, Inc. (In re Ortiz), No. 10-3465 (7th Cir. Dec. 30, 2011)

Ortiz v. Aurora Health Care, Inc. (In re Ortiz), No. 10-3465 (7th Cir. Dec. 30, 2011) The Seventh Circuit Court of Appeals dismissed the debtors’ appeal of the bankruptcy court’s dismissal of the debtors’ state law...more

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