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 and outline strategic approaches for restructuring.
- Overview of the state of healthcare bankruptcy filings
- Impact of pandemic and the CARES Act
- Unique aspects of healthcare insolvencies for 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 unique 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?
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
Mr. Tyburski is a Director in the New York office of PwC’s Business Recovery Services practice. He has served as... | Read More
Mr. Tyburski is a Director in the New York office of PwC’s Business Recovery Services practice. He has served as financial advisor to companies, lenders, statutory committees and other stakeholders in connection with formal insolvency proceedings as well as out of court restructurings. Mr. Tyburski's advisory mandates have involved assisting clients address a wide range of business issues and navigate complex transactions including: liquidity enhancement, business plan development and strategic assessments, cost transformation, employee maters (union negotiations, legacy liabilities, etc.), Ch. 11 reorganizations, and strategic exits. His experience also includes complex cross border restructurings and distressed M&A transactions in Canada, South America, Europe and Asia.Close