Key legal decisions and cases in the restructuring of financially distressed healthcare entities

Healthcare entities worldwide are facing increasing financial stress, resulting in an increase in healthcare industry bankruptcies. This results from increased labor costs, higher inflation and interest rates, and low investment returns, stemming from the lingering effects of the COVID-19 pandemic, among other things. This panel examines some cutting edge and relatively recent bankruptcy court decisions, providing General Counsel and in-house legal teams valuable insights into the utilization of bankruptcy to restructure debt, navigate financial challenges, capture value, and, ultimately, leverage bankruptcy proceedings to their advantage.

In this week’s PodChat episode, our panelists discuss how health care organizations can leverage bankruptcy proceedings to their advantage. Dentons partners Daniel Fritz and Sam Maizel are joined by Kim Kerry, chair of Dentons' national Health Care practice, and Louis Robichaux, senior managing director at Ankura. Together they discuss issues including, among others, the ability to avoid lengthy administrative hurdles through bankruptcy courts taking jurisdiction over Medicare disputes, to cut off successor liability in the sale of Medicare and Medicaid provider agreements, to flesh out and resolve pending qui tam actions under federal and state false claims acts, and the ability to restrict the powers of states over sales of nonprofit healthcare entities.