Navigating the Unique Challenges of Healthcare Insolvencies
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide healthcare counsel with guidance on the unique legal issues for hospitals and other healthcare providers facing insolvency. The panel will explain the factors that make healthcare provider bankruptcies incredibly complicated, discuss the implications and potential ramifications for providers in bankruptcy proceedings, and outline strategic approaches for restructuring.
- Overview of the state of healthcare bankruptcy filings
- Impact of covid-19 and the CARES Act
- Unique aspects of healthcare insolvencies Numerous stakeholders and competing interests beyond the debtor-creditor dynamic
- Impact of the automatic stay on Medicare provider agreements and recoupments
- Patient care ombudsman / cost of maintaining patient care
- Maintaining/monetizing certificates of need
- Challenges in Section 363 sales, including regulatory compliance issues
- Privacy issues and HIPAA requirements; retention of medical records
- Pre-petition malpractice claims
- Operational restructuring
- Guidance on navigating the bankruptcy process for healthcare providers and their creditors
The panel will review these and other key issues:
- What are the special issues facing hospitals and other healthcare providers when it is time to restructure or file for bankruptcy?
- What impact will these unique issues have on insolvency?
- What steps can counsel take to increase the chances of a successful reorganization through the bankruptcy process?
Steven J. Fleming
Principal | Business Recovery Services
Mr. Fleming assists clients in the areas of strategic planning, complex debt restructurings, business enterprise... | Read More
Mr. Fleming assists clients in the areas of strategic planning, complex debt restructurings, business enterprise valuation, preparation of turnaround and business plans, development of pro forma financial projections, cash flow and working capital management, identification of liquidity enhancing activities, process improvements, identification and execution of cost savings initiatives and operational reviews.Close
Ms. Kovsky-Apap focuses her practice on bankruptcy and out-of-court workouts. She also has substantial litigation... | Read More
Ms. Kovsky-Apap focuses her practice on bankruptcy and out-of-court workouts. She also has substantial litigation and trial experience in the areas of bankruptcy, commercial and securities law. She handles healthcare matters, representing official committees of unsecured creditors, major unsecured creditors and asset purchasers in Chapter 11 bankruptcies of hospitals, skilled nursing facilities, long-term care and rehabilitation facilities and centrally managed medical clinics.Close