Health Care

Fourth and Third Circuits Give Priority to Obamacare’s Individual Mandate Penalty

The Fourth Circuit sides with the Third on the Affordable Care Act’s ‘individual mandate.’ Majority says it was a tax measured by income, thus giving the IRS a priority tax claim.

Health Care Committee Co-Chair Corner

As 2022 has come to a close, it is time for the Health Care Committee to look back on an eventful year (for both the committee and the health care restructuring space as a whole). Although 2022 marked the return of live ABI conferences, the trajectory of the health care industry (and thus the committee’s focus) was still linked to the COVID-19 pandemic and its aftereffects.

Health Care CHOWs in Bankruptcy Sales

Businesses that operate a health care ‎facility, provide health care services, or manufacture, distribute or sell health care products may have multiple operating licenses, certifications and billing provider numbers. Sales of these businesses, including in a bankruptcy, triggers a number of change of ownership (CHOW) regulations from various state and federal agencies. Failure to follow such requirements could adversely impact the new ‎owner’s post-closing operations and reimbursement.

Interview with Jeremy Rosenthal of Force 10 Partners

EDITOR’S NOTE: This interview has been edited for length and clarity.

Q: Jeremy, thank you so much for taking the time to talk to us. Just to get started, we wanted to ask about how you became a chief restructuring officer (CRO). What did your career path look like?

A: I started on my current path as a restructuring attorney. I was a partner at Sidley Austin until September 2018, at which point I left to join Force 10 Partners and to move on to the business side of restructuring.