Health Care

Tom, thank you for talking with me. I’ve been doing a lot work on CCRC cases, but it seems like your cases, and in particular I’m thinking about the Amsterdam restructuring, it seems like you get a very positive outcome. And I was wondering, what do you think is necessary for a successful restructuring case?

Residential or Nonresidential Determination as to a Commercial Lease: Implications and Strategy

Whether a lease constitutes a lease of residential property or of nonresidential property can significantly impact the reorganization effort of a chapter 11 debtor-lessee. Questions may arise as to whether a lease entered into as part of a commercial transaction in which the debtor-lessee neither resides nor intends to reside in the leased premises constitutes a lease of residential or of nonresidential real property. Debtors operating skilled-nursing, assisted-living and other longer-term-care facilities should be aware of the implications of the residential/nonresidential determination.

Can This Hospital Be Saved? Signs of Restructuring Potential

Throughout the COVID-19 pandemic, health care organizations received substantial temporary funding relief. [1],[2] As this funding ends, financial difficulties existing prior to this public health emergency are resurfacing and may be more severe.

Health Care March 2021

Health Care June 2020

Health Care March 2020

Stayin' Alive...Debt Restructuring for Critical Access Hospitals

Hospital bankruptcies are on the rise, and rural hospitals are no exception. About 20% of rural hospitals are considered to be at risk of closure nationwide,and the majority of these hospitals are considered essential to their communities. In light of these trends, this webinar will provide ABI members an overview of the unique issues faced by small rural hospital designated as “critical access hospitals” (“CAHs”) by the Centers for Medicare and Medicaid Services. Established by the Balanced Budget Act of 1997, the CAH designation allows eligible rural hospitals to receive reimbursement from Medicare (and state Medicaid programs) based on 101% of allowable costs rather than the traditional fee-for-service model.

Hospital Bankruptcies – Unique Challenges and Current Hot Topics

There have been a number of recent bankruptcy filings by large and high profile healthcare providers, such as the filings of Verity Health System of California, Inc., in Los Angeles (the second largest hospital bankruptcy case in American history), Hospital Acquisition LLC and 25 related debtors d/b/a Promise Health and American Academic Health System (Hahnemann University Hospital and St. Christopher Hospital in Philadelphia) in Wilmington, Delaware, and Astria Health in Yakima, Washington.