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Hospital Deal Gone Bust Puts Real-Estate Firm in Spotlight

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A group of investors bought this small city’s only hospital in late 2019. To pay for the deal, its buildings and land were sold to one of the country’s largest owners of medical properties. Two years later the hospital went bankrupt, the Wall Street Journal reported. The Watsonville Community Hospital has served the largely Latino farming region of strawberry fields and apple orchards for more than a century. Now, the community is trying to raise as much as $70 million to buy the hospital and save it from closure. “It would be a disaster,” said John Martinelli, chairman of S. Martinelli & Co., a family-owned producer of apple juice and sparkling cider, based in Watsonville. Across the U.S., hospital real estate deals like the one in Watsonville have surged, leaving the facilities paying rent on property they once owned. Many such buyouts are being financed by Medical Properties Trust Inc. Even before these deals, called sale-leasebacks, some hospitals in small cities were struggling financially because they often served relatively poor populations. The deals have made Birmingham, Ala.-based MPT one of the biggest owners of U.S. hospital real estate, with hundreds of properties around the country and more than $20 billion of assets. Its strategy attracted many investors, who fueled MPT’s growth by buying its stock and bonds. The deals at times also have enabled private-equity giants to fund large payouts to their investors by tapping hospitals’ real estate equity. In other situations, the hefty financing that MPT offered drew in lesser-known investors like the group that bought the Watsonville hospital. By acquiring hospitals with MPT’s money, some investors have been able to avoid putting up much of their own cash. If the deal goes bad, the losses fall on the hospital and MPT.

U.S. Senate Negotiators Near Agreement on $10 Billion Round of COVID-19 Funds

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U.S. Senate negotiators on Thursday were nearing a deal on a $10 billion COVID-19 bill to help the federal government acquire more vaccines and medical supplies as it prepares for future variants of the virus that has upended American life, Reuters reported. Senate Majority Leader Chuck Schumer (D-N.Y.) said that senators were "close to a final agreement" on a bill aiming to shore up stockpiles to be used both domestically and internationally. If a deal is finalized in the coming days, the Senate might be able to pass the bill and send it to the House of Representatives before the start of a spring recess at the end of next week. The amount is a tiny fraction of the $4.6 trillion Congress has approved since early 2020 to fight the virus, much of which was devoted to offsetting its heavy economic hit. Early this month, Congress failed to pass a $15.6 billion relief bill amid Republican opposition to new federal spending. Many Democrats, meanwhile, rebelled against taking back some money earmarked to help state and local governments in order to pay for the new round of coronavirus relief.

Florida Secures $860M from CVS, Others to Settle Opioid Case

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The CVS drug store company and pharmaceutical companies will pay Florida a combined $860 million as part of the settlement of an opioid epidemic case, state officials said on Wednesday, the Associated Press reported. Florida Attorney General Ashley Moody said CVS Health Corp. and CVS Pharmacy Inc. will pay the state $484 million. Teva Pharmaceuticals Industries Ltd. agreed to pay $195 million and Allergan PLC more than $134 million. In addition, Tevan will provide to Florida about $84 million of its Narcan nasal spray used to treat overdose victims. Another company, Endo Health Solutions, is also settling for $65 million, Moody said. “The opioid epidemic is wreaking havoc on Florida families,” Moody said in a news release. “The monies secured from CVS, Teva, Allergan and Endo will help further our efforts to remediate the harm and suffering of Floridians.” The money from CVS, Moody added, will be divided between the state and Florida cities and counties, which were beset by opioid overdoses and illicit drug use during the “pill mill” epidemic of a decade ago. The money must be spent on tackling the opioid crisis.

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Audit: Lax Oversight, Fraud Within California Hospice System

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California’s lax oversight of its hospice system has led to widespread fraud in Los Angeles County within the rapidly growing industry of end-of-life care, potentially putting patients at risk of harm in their final days, according to a report made public yesterday, the Associated Press reported. State auditors estimate that hospice agencies in the nation’s most populous county, where the facilities are proliferating, likely overbilled Medicare by $105 million in 2019 alone. The report found the California Department of Public Health isn’t rigorous enough in vetting hospice agencies applying for state licenses and then doesn’t adequately follow-up on investigations of suspected fraud, Michael Tilden, the acting state auditor, wrote in a letter to Gov. Gavin Newsom and California legislators. “Without regulations to guide its oversight, its initial licensing site visits and ongoing monitoring do not adequately safeguard patient care or prevent fraud. Its investigation of complaints involving hospice agencies is often incomplete and slow, which increases the risk that patients may receive substandard care or that hospice agencies may engage in fraudulent activity,” Tilden wrote.

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Justice Department Appeal Threatens $6 Billion Sackler Opioid Settlement

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The Justice Department is continuing to fight in federal appeals court over controversial liability releases that would shield Purdue Pharma LP’s Sackler family owners from opioid litigation, threatening the family’s $6 billion settlement with state attorneys general, WSJPro reported. The U.S. Trustee Program on Friday urged a federal appeals court to affirm the unlawfulness of legal releases protecting the Sackler family members who own Purdue, the bankrupt OxyContin manufacturer. The U.S. Trustee argued that such releases aren’t permitted by U.S. bankruptcy law, which Purdue and the Sacklers dispute. The releases at issue are controversial because they would have released Sackler family members, who aren’t in bankruptcy, from civil opioid lawsuits even though some state attorneys general didn’t support an earlier settlement they had offered. While the appeal was pending, the Sacklers won support from all states by agreeing to increase their settlement offer to between $5.5 billion and $6 billion. However, if the appeals court sides with the U.S. Trustee, the higher settlement won’t go into effect, potentially delaying or jeopardizing funding for anti-addiction programs nationwide, according to court papers. Judge <b>Robert Drain</b>, who is overseeing Purdue’s chapter 11 case, approved the higher settlement earlier this month. He criticized the U.S. Trustee for challenging the revised deal, calling it “reprehensible” and “just not right.” A government lawyer said in response that the U.S. Trustee was defending the Bankruptcy Code and the rule of law by challenging the Sackler settlement.
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Op-Ed: The Sacklers Get to Walk Away

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At any one time, NPR’s Brian Mann is probably following about a dozen legal proceedings — all of them seeking some kind of accountability for the opioid crisis. But none of them quite like the hearing he went to a couple weeks back, according to an op-ed in Slate. What made it remarkable were the two dozen people giving searing testimony about the way addiction had upended their lives. “Bankruptcy courts don’t usually do things like this. This is not a normal thing in bankruptcy court to have victim testimony,” Mann said. “But as part of the agreement, three members of the Sackler family did agree to sit through it and listen as these families held up photographs of the dead and talked about what they’d lost. It was powerful and heart-wrenching.” To the people testifying, the billionaire Sackler family is a bunch of high-end drug dealers — executives who led Purdue Pharma as that company aggressively marketed OxyContin in doctor’s offices and hospital wards all over the country. This hearing was part of a settlement deal: The Sacklers have said they’ll give up control of their drug company, they’ll even cough up $6 billion dollars. In exchange: They want to be shielded from personal liability.  “A lot of people, including the U.S. Justice Department, have said, ‘Is that how justice is supposed to work? We don’t really think so,’ ” Mann said. “But these family members have been forced to live in this space for a long time, seeking justice, wanting some accountability. And at the end of the day, they think this is the best deal they’re going to get. They think this is the closest they’re going to get to justice.” On Monday’s episode of What Next, Mann spoke about what accountability in the opioid crisis would look like, with half a million Americans dead, according to the op-ed.
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Rhode Island Reaches $107M Opioid Settlements with Teva and Allergan

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Rhode Island's attorney general announced settlements he valued at $107 million against drugmakers Teva Pharmaceutical Industries and AbbVie's Allergan unit to resolve claims over their roles in fueling an opioid epidemic in the state, Reuters reported. The settlements include $28.5 million in cash, plus the delivery to Rhode Island of anti-overdose treatments - 1 million Naloxone sprays and 67,000 bottles of Suboxone pills - over 10 years. Israel-based Teva, the world's largest generic drug company, called its settlement "a critical step forward in getting life-saving treatments to the people who need them." It said it was still "actively" negotiating a national settlement. The settlement was reached just as Rhode Island was prepared to take Teva to trial. Jury selection began last week, and opening arguments were set to begin on Monday. The Rhode Island lawsuit is one of more than 3,300 filed by state, local and Native American tribal governments across the country accusing drugmakers of minimizing the addiction risks of opioid pain medications. More than 500,000 people have died due to opioid overdoses in the past two decades, according to the U.S. Centers for Disease Control and Prevention. Rhode Island valued Teva's contributed medicines at $78.5 million. The company reached a similar $225 million settlement recently with Texas, which included $75 million in contributed drugs.

Equifax, TransUnion and Experian Will Soon Stop Counting Medical Debt in Credit Reports

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The nation’s three major credit bureaus say they are overhauling how they include medical debt in a consumer’s credit history, MarketWatch reported. The agencies said the removal will result in nearly 70% of the medical debt on Americans’ credit reports. This is a case where less is more for the financial lives of many consumers, certainly during the pandemic, advocates say — but they note the people who will remain stuck with medical debt on their reports are likely going to be those who were already the most financially vulnerable. Equifax, TransUnion and Experian announced that beginning in July they will stop including medical debts that were in collections before being paid. It will also take a year, no longer six months, before a medical debt in collections is reflected on a person’s credit report, the credit bureaus said. Some 43 million Americans have an estimated $88 billion in medical debt on their credit files, according to a Consumer Financial Protection Bureau report released earlier this month. In the first half of 2023, the three agencies said they will stop reporting medical collection debt below $500. However, the size of the average past due medical bill was $429 during 2020, according to a 2021 review in the medical journal JAMA.
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Opioid Victims Confront Purdue Pharma’s Sacklers in Bankruptcy Court

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Victims of the opioid epidemic confronted the Sackler family members who own Purdue Pharma LP for the first time in bankruptcy court as the OxyContin maker nears a possible exit from chapter 11 that requires $6 billion in settlement payments from its owners, WSJ Pro Bankruptcy reported. Addressing three members of the Sackler family who served on Purdue’s board, more than two dozen people shared stories Thursday in the U.S. Bankruptcy Court in White Plains, N.Y., of the disastrous effects physician-prescribed OxyContin, an addictive opioid, had on them, their children, siblings, spouses and parents. Dede Yoder said that her son, Chris, died in 2017 of an overdose at the age of 21 after spending most of her retirement savings on addiction treatment and rehab, which mostly wasn’t covered by health insurance. Doctors first prescribed her son OxyContin when he was 14 years old following two knee surgeries, Ms. Yoder said. Dr. Richard Sackler, Theresa Sackler and David Sackler appeared in the hearing remotely and didn’t respond to victims’ statements. They and other family members consented to hearing victims’ impact statements under a proposed settlement approved on Wednesday by the judge overseeing Purdue’s chapter 11 case. The bankruptcy deal, backed by state attorneys general, would end civil litigation accusing the Sacklers of helping fuel the opioid epidemic and taking improper dividends from Purdue, allegations the family denies.

Judge Approves Purdue Pharma's $6 Billion Opioid Settlement over DOJ's Objections

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Bankruptcy Judge Robert Drain in White Plains, N.Y., approved Purdue Pharma’s $6 billion opioid settlement funded by its Sackler family owners, overruling objections from the Department of Justice and 20 states that opposed the deal, Reuters reported. Under the settlement, the Sacklers would pay between $5.5 billion and $6 billion to a trust that will be used to pay the claims of states, victims of addiction, hospitals and others who have argued that the Purdue painkiller OxyContin played a central role in the U.S. opioid epidemic. The revised settlement must still be written into a new reorganization plan before getting final approval in bankruptcy court. Members of the Sackler family have denied wrongdoing. They said last week in a statement that they “sincerely regret” that OxyContin “unexpectedly became part of an opioid crisis.” The Justice Department’s Office of the U.S. Trustee, which oversees bankruptcy administration, said that the bankruptcy court does not have authority to approve the settlement because an appeals court must first decide whether the Sacklers can receive sweeping legal immunity in exchange for the payment. The Sacklers’ payment is contingent on ending their exposure to opioid lawsuits. But a U.S. District judge ruled in December that the protections they seek fall outside the bankruptcy court’s authority. Purdue is appealing that decision in the U.S. Court of Appeals for the Second Circuit. The new agreement replaces an earlier $4.3 billion settlement, which was upended after nine attorneys general and others argued that the Sacklers should not receive such sweeping legal protections. After agreeing to the prior deal, 20 states objected to the new settlement because it includes a $277 million payment exclusively to states that negotiated the $6 billion deal. Some have said that it would unfairly reduce the percentage of funds dedicated to addressing the opioid crisis in their own states. The states still have time to negotiate, Judge Drain said, and may be forced to accept terms they do not like rather than inviting the “dog eat dog” litigation that would result if the settlement fails. Purdue said last week that the settlement would provide additional funding for opioid abatement programs, overdose rescue medicines and for victims, while putting the company on track to resolve its bankruptcy case on “an expedited schedule.” Today, victims of the opioid epidemic will address members of the Sackler family in a hearing overseen by Drain. The hearing will be conducted by Zoom due to COVID-19 restrictions and the Sacklers will not be able to respond.