Keeping the Patient Alive: Avoiding Administrative Insolvency in Health Care Cases

The panel discusses the risk of administratively insolvent health care cases, the issues that create such risk, the impact on the various constituencies, and potential ways to mitigate those risks, including the use of cash collateral and availability of post-petition financing. The panel will also address one specific issue that creates the risk of administratively insolvent health care cases: the exercise of the so-called Strumpf administrative freeze by CMS on Medicare reimbursements, which can cut off the lifeline of many health care businesses.