News & Analysis as of

Medicare Commercial Bankruptcy

Hahn Loeser & Parks LLP

Ohio: An Introduction to Bankruptcy/Restructuring (Chambers)

In 2023, despite aggressive predictions of a near-term recession, the economy remained relatively steady. This resulted in an uneven year for restructuring. Substantial money has been raised in the private credit markets and...more

Dorsey & Whitney LLP

The Supreme Court Update - June 6, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions today: Becerra v. San Carlos Apache Tribe, No. 23-250: This case concerns the funding the Indian Health Service (“IHS”) must provide to Indian tribes that...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Court Continues to be a Battleground on Key Healthcare Provider Issues

The intersection between Medicare and state Medicaid regulatory schemes on the one hand and bankruptcy proceedings on the other continues to be an interesting, often highly contested, source of bankruptcy litigation. In...more

Proskauer - Health Care Law Brief

Diagnosing Distress: Top 5 Challenges for Private Credit Lenders in Health Care Restructurings

Despite the strength of the U.S. economy headed into the New Year, a variety of conditions may be conspiring against businesses in certain segments of the health care industry. These include reduced patient census at skilled...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, October 2020 # 5

Hogan Lovells on

In Washington: After halting coronavirus stimulus negotiations on Tuesday afternoon, President Donald Trump hours later signaled he would support specific coronavirus relief measures on stimulus checks, help for the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Medicare and Medicaid Developments in Health Care Bankruptcies

In 2019, the increased wave of distressed health care companies continued, and with downward pressure on reimbursement rates, regulatory changes, decreased occupancy rates and technological advances, this trend is unlikely to...more

McGuireWoods LLP

Delaware Bankruptcy Court Enforces Stay, Compels Certain CMS Payments

McGuireWoods LLP on

The bankruptcy court in Delaware recently ordered the Centers for Medicare & Medicaid Services (CMS) to resume making post-petition Medicare payments to chapter 11 debtor True Health Diagnostics LLC. CMS had been withholding...more

Arnall Golden Gregory LLP

The Bankruptcy Option – Bankruptcy Jurisdiction over Medicare or Medicaid Disputes

Resting at the intersection of Medicare or Medicaid law and the United States Bankruptcy Code is the issue of whether a provider can prevent the termination of a Medicare or Medicaid provider agreement through the filing of a...more

Arnall Golden Gregory LLP

CMS Files Objection in Skilled Nursing Bankruptcy Case

An increasing number of Medicare providers have found themselves in financial distress and are contemplating bankruptcy filings. While provider bankruptcies include a host of issues outside the government reimbursement...more

Jones Day

Focus on Health Care Provider Bankruptcies

Jones Day on

The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers. Thus far in 2017, the number of bankruptcies in health care-related sectors, including hospitals,...more

Foley & Lardner LLP

10 Things You Need to Know About Health Care Bankruptcies in 2017

Foley & Lardner LLP on

The coming year will likely continue to be a tumultuous year for health care providers, suppliers, and payers, as they adapt to meet new challenges and market forces, particularly in light of the open questions as to the...more

Troutman Pepper

Officer/Director Breach of Duty: If Things Get Bad Enough, There May Be Recourse

Troutman Pepper on

Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), 777 F.3d 620 (3rd Cir. 2015) – The debtor was a nonprofit corporation that operated a nursing home. The chapter 11 unsecured...more

Epstein Becker & Green

Medicare Jurisdictional Bar Limits Bankruptcy Court Authority in Health Care Bankruptcy

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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

McGuireWoods LLP

Florida Bankruptcy Court Offers Potential Means to Stave Off Medicare Termination

McGuireWoods LLP on

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

BakerHostetler

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

BakerHostetler on

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

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