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Restructuring Healthcare Entities in Bankruptcy: Unique Challenges and Benefits of Chapter 11

Navigating Medicare, Medicaid, HIPAA, Overpayment Liability and More

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, November 15, 2017

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance to counsel to healthcare companies on restructuring. The panel will examine developing trends, restructuring terms, and regulatory challenges unique to the healthcare industry.


Many healthcare entities are in financial distress; contributing factors include lower reimbursement rates and recent changes in the delivery of healthcare. Uncertainties surrounding the ACA and its potential replacement exacerbates the current financial distress in the healthcare industry. Many companies consider filing for a Chapter 11 restructuring to obtain financial relief while ensuring continuity of healthcare.

A healthcare restructuring involves more legal challenges than a general corporate restructuring due to HIPAA, Medicare, Medicaid and state laws. Before restructuring in a healthcare setting, counsel must anticipate Medicare issues with accounts-receivable financing, the role of the patient care ombudsman, and tax implications for tax-exempt bonds often used to finance a healthcare facility.

Listen as our authoritative panel examines trends in a healthcare entity restructuring, best practices for drafting restructuring terms, and how to mitigate regulatory scrutiny. The panel will also address legal challenges unique to the healthcare industry, such as potential overpayment liability, pending medical malpractice litigation, and complexities for not-for-profit healthcare entities.



  1. Developing trends for healthcare restructurings
  2. Restructuring terms and provisions
  3. Regulatory scrutiny
  4. Unique challenges for a healthcare restructuring
    1. Potential overpayment liability
    2. Pending medical malpractice litigation
    3. Complexities for nonprofit healthcare entities


The panel will review these and other key issues:

  • What are the current legal trends for healthcare providers involved in or considering a Chapter 11 restructuring?
  • What types of regulatory scrutiny should counsel consider in evaluating a healthcare restructuring?
  • What steps should counsel take to ensure compliance with HIPAA, AKS and Stark Law during a restructuring?


Califano, Thomas
Thomas R. Califano

DLA Piper

Mr. Califano represents distressed private and public companies, funds, purchasers of distressed debt and parties in...  |  Read More

Pagay, Malhar
Malhar Pagay

Pachulski Stang Ziehl & Jones

Mr. Pagay has substantial experience representing Chapter 11 debtors, trustees, unsecured creditors, creditors’...  |  Read More

Rogoff, Adam
Adam Rogoff

Kramer Levin Naftalis & Frankel

Mr. Rogoff counsels and represents a diverse range of corporate debtors, official and ad hoc creditors’...  |  Read More

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