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ABI Journal

Health Care Committee

health-care

Throughout the COVID-19 pandemic, health care organizations received substantial temporary funding relief. [1],[2] As this funding ends, financial difficulties existing prior to this public health emergency are resurfacing and may be more severe.

There has been a significant wave of health care provider consolidation driven by the desire to achieve scale in response to declining patient volumes and reimbursement, increasing costs, health care reform and the need for capital to implement improvements in the delivery of care, development/expansion of their physician networks and to make needed upgrades in IT, especially electronic medical

In his 2009 State of the Union Address, President Barack Obama urged Congress to confront the “crushing cost of health care,” claiming that “[t]his is a cost that now causes a bankruptcy in America every thirty seconds.”[1] Like-minded lawmakers subsequently introduced legislation to provide certain bankruptcy protections for medically distressed debto

Hospitals and other healthcare providers are facing significant financial and fiscal pressures. The recession and the sluggish recovery reduced personal incomes and, therefore, the demand (if not the actual need) for healthcare services. Pharmaceutical therapies and ambulatory surgical centers had previously reduced hospital admissions and revenues. Reduced reimbursements by Medicare, Medicaid, and private insurers have further suppressed revenues.

The following hypothetical demonstrates the scope and application of §327(a) to competing neighboring urban hospitals: Two nonprofit hospitals are separated by three miles in a densely populated low-income urban community. Holy Mackerel sits at one end of Main Street while Baruch Gefilte is at the other. Both are suffering financial difficulties.

For more than 150 years, those living in Manhattan’s Greenwich Village relied on the health care services of St. Vincent’s Catholic Medical Center. In April 2010, after years of financial struggles, the hospital’s board of directors made the difficult decision to file for chapter 11. [1] Due to St.

Is medical debt the primary cause for most consumer bankruptcy cases, and if so, can the current push for medical bankruptcy reform really reduce the number of consumer bankruptcies? No, say Amy Y. Landry and Robert J. Landry, III, authors of a recently published article addressing this topic, printed in the Spring 2011 issue of the ABI Law Review.

The health care industry is one of the most regulated industries with extensive federal and state governmental oversight. For instance, the industry is largely financed by monies paid under the Medicaid and Medicare programs, which require health care facilities receiving these monies to submit cost reports to federal and state governments that substantiate the monies received.

In this age of pre-packaged, pre-negotiated, and chapter 11 liquidation cases filed to effectuate a sale, it is becoming increasingly rare to work on chapter 11 cases that are filed without a clear exit strategy, much less one where the debtor is able to successfully reorganize.

Almost two years ago, the financial markets collapsed and big banks came running to the government for a bailout. Public opinion held that an era of irresponsible lending and unquestioned growth in the U.S. housing market precipitated the economic downfall of late 2008, just as Barack Obama was campaigning to become our next president.

The panelists for this webinar will discuss the various types of health care cases and the competing interests that arise from a number of perspectives, including debtor, creditor, and provider-side interests. The panel will provide an overview of the uniqueness of bankruptcy health care cases and identify proven strategies to assist practitioners to guide unsecured creditors through these difficult and often complex reorganizations.

This panel hosted by the Asset Sales and Health Care Committees will discuss the Top 10 Issues to Be Aware of When Buying a Health Care Business, and How to Plan for the Inevitable Surprises.

Who Pays the Price for Health Care Insolvencies: the Consumer, the Vendors or the Public at Large?

Hemorrhaging Hospitals: Labor Issues in the Healthcare Insolvency E.R.

Robert M. Schechter

Robert M. Schechter

Co-Chair

Morristown, NJ

Porzio, Bromberg & Newman, P.C.

(973) 889-4127

Clare Moylan

Clare Moylan

Co-Chair

Nashville, TN

Gibbins Advisors, LLC

(615) 696-6556

Samantha Ruben

Samantha Ruben

Communications Manager

Chicago, IL

Dentons

(847) 790-6473

Brady Richardson

Brady Richardson

Education Director

Sparks, MD

SC&H Group

(443) 340-9980

Liz Nicolle Boydston

Liz Nicolle Boydston

Membership Relations Director

Dallas, TX

Gutnicki LLP

(469) 895-4413

Jason M. Reed

Jason M. Reed

Membership Relations Director

Minneapolis, MN

Maslon LLP

(612) 672-8301

Robert Fitzgerald Esq.

Robert Fitzgerald Esq.

Newsletter Editor

Chicago, IL

Skadden, Arps, Slate, Meagher & Flom LLP

(312) 407-0806

Jaspinder S. Kanwal

Jaspinder S. Kanwal

Special Projects Leader

New York, NY

Jefferies LLC

(646) 805-5447

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