The first three articles in this series took you through the steps for developing a workout strategy. If you have followed those recommendations, you understand where you are and where you want to be. You have also developed...more
Recognizing the ongoing impact of the cyberattack experienced by Change Healthcare/Optum on February 21, 2024, the Centers for Medicare & Medicaid Services (CMS) announced over the weekend that it will allow Part A providers...more
On September 25, 2023, the Massachusetts Supreme Judicial Court issued an important decision that affects commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties,...more
In a recent decision, the Colorado Supreme Court reversed the Colorado Court of Appeals and held that a discharge in bankruptcy does not trigger the statute of limitations on a claim to foreclose based on a deed of trust....more
In the past week, there were several important updates made to the Federal Acquisition Regulations by the Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space...more
Massachusetts' highest court, in its 2007 opinion in Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490, 494 (2007), shocked commercial leasing lawyers by announcing that accelerated rent clauses (i.e.,...more
On December 5, the Massachusetts Appeals Court issued an important decision impacting commercial landlords’ ability to accelerate rent as liquidated damages after a Lessee’s default in Cummings Properties, LLC vs. Darryl C....more
This past week, the FAR Council issued a proposed rule that would potentially speed up payments to small business prime contractors and subcontractors across the federal government. The proposed rule, found at 86 Fed. Reg....more
In March, when much of the country was first experiencing the effects of the COVID‐19 pandemic, it was commonly believed that things would return to normal soon. Nearly nine months later, most of us have come to realize that...more
In Haworth v HMRC the Supreme Court (SC) upheld the Court of Appeal’s (CA’s) decision to quash a follower notice (FN) and accelerated payment notice (APN) issued to the taxpayer, Mr Haworth. An FN can be issued by HMRC where...more
We describe below the legal impact on Italian loan transactions of the current health emergency caused by COVID-19 in light of the recent case law and the latest legislative measures, including a suspension of interest and...more
On April 8, 2021, the U.S. Department of Justice (“DOJ”) announced the first charges brought in connection with alleged fraud on the Accelerated and Advance Payment Program, administered by the Centers for Medicare & Medicaid...more
On April 1, 2021, CMS announced that it began recovering COVID-19 Accelerated and Advance Payments (CAAPs) from Medicare providers and suppliers as early as March 30, 2021. Repayments begin one year from the date CMS...more
Medicare providers and suppliers that received Medicare loans to address cash flow issues stemming from the COVID-19 public health emergency (PHE) may start seeing a reduction in Medicare reimbursement as Medicare begins to...more
Nursing homes that received Medicare loans to address cash flow issues stemming from the COVID-19 public health emergency (PHE) may soon see a reduction in Medicare reimbursement as Medicare begins to recoup a portion of...more
The Houston First Court of Appeals of Texas recently affirmed a trial court’s decision wiping out a whopping $17 million claim brought by a contractor against an owner for acceleration costs, holding that the claim was barred...more
Acceleration of rental provisions in commercial leases allow the landlord, upon the tenant’s default, to accelerate the balance of the rent due for the balance of the lease term making it due and payable immediately, much...more
The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19...more
During the COVID-19 pandemic, CMS has issued approximately $106 billion in loans to providers who were struggling with cash flows and financing in the early stages of the pandemic. This month, the Continuing Appropriations...more
On October 8, the Centers for Medicare & Medicaid Services (CMS) released new details on repayment terms for the Medicare Accelerated and Advance Payments Program, a loan program that sent aid to Medicare Part A providers and...more
The Accelerated and Advance Payment (AAP) program is a Medicare loan program that the Centers for Medicare & Medicaid Services (CMS) typically uses in emergency situations. On March 28, CMS expanded the AAP program to help...more
The Centers for Medicare & Medicaid Services (CMS) announced on April 26 that it will no longer be accepting new applications for the Medicare Accelerated/Advanced Payment Program (AAPP)....more
The Centers for Medicare & Medicaid Services (“CMS”) surprised stakeholders on Sunday, April 26, with an announcement that it would be reevaluating the amounts that will be paid under its Accelerated Payment Program and...more
The Centers for Medicare & Medicaid Services (CMS) has been working tirelessly throughout this declared state of public health emergency due to COVID-19 to protect beneficiaries from this highly contagious disease. In that...more
On April 26, 2020, the Centers for Medicare & Medicaid Services (CMS) announced it was immediately suspending its advance payment program to Part B suppliers, and re-evaluating the amounts that will be paid to providers under...more