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Bernie Sanders to Propose $20 billion Bailout Fund for Struggling Hospitals

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Sen. Bernie Sanders (D-Vt.), while wading in to a local fight over a Philadelphia hospital, proposed a plan yesterday to create a federal fund to help local governments purchase for-profit hospitals struggling with debt and in danger of closing, CNN.com reported. The announcement came during a speech at a rally to save Hahnemann University Hospital. Hahnemann is currently in bankruptcy proceedings and its leadership has signaled plans to close the hospital this fall. Sanders' appearance was part of a last-minute request from activists battling to save the hospital. "I will be very soon introducing legislation in the Senate to establish a $20 billion emergency trust fund to help states and local communities purchase hospitals that are in financial distress," Sanders said. Hahnemann is in the midst of chapter 11 proceedings and has already shuttered many of its services. The hospital's private ownership group, Philadelphia Academic Health System, has plans to completely close the hospital by September. The Pennsylvania Association of School Nurses and Nurse Practitioners, a union representing some of the hospital workers, said the closure could lead to the loss of 2,500 jobs and create a health care vacuum for a key section of Philadelphia. Read more

For more on hospital and health care insolvencies, be sure to pick up a copy of the ABI Health Care Insolvency Manual, Third Edition from the ABI Bookstore. 

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U.S. Lawmakers Advance Bill to Boost Puerto Rico Medicaid Funding

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A bill that would substantially boost federal Medicaid funding for Puerto Rico advanced out of a U.S. House subcommittee yesterday after lawmakers agreed to work on stricter safeguards in the wake of a government corruption scandal in the territory, Reuters reported. The Health Subcommittee sent the legislation, which would give the bankrupt U.S. commonwealth an additional $12 billion over four years, to the full House Committee on Energy and Commerce. On Wednesday, U.S. law enforcement officials announced a 32-count indictment and arrests of six people, including two former high-ranking Puerto Rico government officials, who were charged with conspiracy and other crimes in connection with millions of dollars in federal Medicaid and education funds. Angela Avila-Marrero, former executive director of Puerto Rico’s Health Insurance Administration, was indicted for her role in a scheme to steal federal Medicaid dollars through a corrupt bidding process with private contractors. Rep. Frank Pallone (D-N.J.), who chairs the Energy and Commerce Committee, said while the indictments were “very troubling,” there was no time to address the allegations in the bill. “We can’t lose sight of the fact that unless we act there will be a massive shortfall of federal funds for the Puerto Rico Medicaid program that would be devastating to the people that live there,” he said, adding he hoped lawmakers will work together to add “rigorous” oversight to the bill. Rep. Greg Walden (R-Oregon) said he was committed to ensuring measures are in the bill “to stop these types of fraudulent activities that are alleged from happening.”

Philadelphia Struggles to Cushion the Blow From Hospital Bankruptcy

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Bankrupt Hahnemann University Hospital has healed a rift with one of its top creditors, Drexel University College of Medicine, but still faces resistance to its plan to close its doors, WSJ Pro Bankruptcy reported. The historic hospital — at the hub of Philadelphia’s downtown tourist and financial district — filed for chapter 11 protection on June 30. The next day marked the official start of the hospital training year for 583 residents, including graduates of Drexel’s medical school. A deal this week averted an open-court showdown between Hahnemann and Drexel over the fate of the residents. But other hurdles remain. A Philadelphia judge issued an injunction barring Hahnemann from closing its doors unless it gets authorization first from city health authorities. Amid continuing strife with city officials and demonstrations in the streets, lawyers for the hospital delayed a planned bankruptcy court hearing on the hospital’s closure plan.

Rifts Emerge Over Congressional Move to Curb Surprise Medical Bills

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A Congressional plan to tackle surprise medical bills is spurring a furious lobbying campaign and disagreements among Republican lawmakers that could make it difficult to pass the legislation this month, the Wall Street Journal reported. Measures protecting patients from high hospital bills from out-of-network doctors and other health providers has the backing of President Trump, who in May urged lawmakers to take action. Senate Health Committee Chairman Lamar Alexander (R-Tenn.) is hoping the full Senate will vote this month on a plan that would address surprise bills, after his committee approved it in late June. But fault lines have emerged over the Senate proposal, centered on whether hospitals or doctors should take a financial hit and how to settle disputes. Legal hurdles also are cropping up. The challenges come as hospitals, doctors and other industry groups fiercely defend their turf. Getting a bill to Trump now appears uncertain despite rare bipartisan agreement on the need for a legislative fix. The bill from Mr. Alexander and Sen. Patty Murray (D-Wash.) also targets a host of health-care issues, from lack of information on pricing to prescription drugs. The Senate committee approved the measure June 26. A similar plan has also been put forth by House Energy and Commerce Committee leaders. House aides said that they were optimistic the proposal would advance through the committee this month.

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States Pause Lawsuits Against Insys During Bankruptcy Proceedings

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Less than a month after filing for bankruptcy, embattled opioid drugmaker Insys Therapeutics saw a few bright spots this week, including a reprieve from some of the lawsuits against it, as well as a path forward for regulatory approval of an opioid overdose treatment, Pharma Live reported. Last month, Insys filed for bankruptcy after agreeing to pay about $225 million in fines to the federal government over fraudulent marketing schemes that were used to boost sales of the powerful opioid Subsys. That bankruptcy filing followed a guilty verdict in a trial of former Insys executives, including founder John Kapoor of orchestrating those schemes to boost prescriptions. While that lawsuit is over, there are several still pending in state courts against the company. However, on Tuesday, CNBC reported that five states who have lawsuits against the company agreed to facilitate settlement talks following the company’s filing for bankruptcy. The state lawsuits charge the company with helping to fuel the opioid crisis that has swept across the nation. The agreement between the five states, New York, New Jersey, Arizona, Maryland and Minnesota, and Insys was announced during a bankruptcy hearing this week, CNBC said. The company predicted it might run out of cash several months ago. Only weeks ago, Insys noted in its quarterly report that it had available cash of $87.6 million, which was well below what the company owed from the Subsys litigation, the $225 million it agreed to pay last week, as well as a $150 million agreement with the U.S. Department of Justice the company struck last fall. Insys is aiming for Sept. 2 to file a restructuring plan for court approval.
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Joerns Healthcare Files Chapter 11 Bankruptcy

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Joerns WoundCo. Holdings, Inc., doing business as Joerns Healthcare, has filed for chapter 11 bankruptcy, HomeCare reported. The company, which makes the Hoyer Lift and other home medical equipment including bed frames, specialty mattresses, therapeutic support surfaces and bariatric equipment, is seeking court approval of a restructuring plan that is supported by the majority of its lenders and noteholders. The plan will eliminate a substantial amount of debt and provide operating capital during the restructuring process and beyond. The company has requested that the plan be approved and the process completed within the next 30-45 days. During the restructuring process, all day-to-day operations for Joerns Healthcare will continue as normal. This includes customer deliveries, services and technical support, manufacturing schedules and payment of employees, suppliers and vendors. Joerns Healthcare manufactures, supplies and services more than 120,000 items to more than 40,000 patients a day across 130 service locations.
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Insys Pushes Opioid Claimants to Settle While Cash Dwindles

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The judge overseeing Insys Therapeutics Inc.’s bankruptcy pushed for a swift resolution of claims accusing the drugmaker of fueling opioid addiction and positioned a creditors’ committee as the deal maker after state governments agreed to stop suing, WSJ Pro Bankruptcy reported. Bankruptcy Judge Kevin Gross yesterday approved a settlement protocol proposed by Insys and its court-appointed creditors’ committee that is designed to sort out the strength of thousands of competing claims surrounding alleged misuse of the powerful Subsys painkiller. Insys collapsed under the weight of those claims shortly after striking a $225 million deal with federal authorities that turned the U.S. government into the dominant creditor in the bankruptcy proceedings.
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Battle Lines Being Drawn in Bankruptcy Closure of Philadelphia Hospital

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Hahnemann University Hospital’s bid to close its doors has touched off a showdown with the city of Philadelphia and state authorities concerned about what will happen to patients caught up in the hospital’s bankruptcy, WSJ Pro Bankruptcy reported. “We’re not happy here in Philadelphia,” City Solicitor Marcel Pratt told Bankruptcy Judge Kevin Gross at a hearing yesterday in the U.S. Bankruptcy Court in Wilmington, Del. “We have people protesting as we speak.” Judge Gross said that he was considering ordering Hahnemann to consult with Philadelphia and Pennsylvania health authorities before taking any further steps toward a shutdown. Hahnemann, located blocks from Philadelphia’s City Hall, filed for bankruptcy this week as state health authorities asserted they have the right to oversee closure of the hospital, which has been in operation for more than 150 years. Out of money and unable to find a buyer, Hahnemann said that it has no choice but to close its doors, despite disruption in services to vulnerable indigent people. In court papers, Hahnemann said that it has been working cooperatively with the city and state.
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Hahnemann University Hospital Owners File For Chapter 11 Protection

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Hahnemann University Hospital‘s owners have filed for chapter 11 bankruptcy, CBS Philly reported. Philadelphia Academic Health System, which also owns Saint Christopher’s Hospital, filed the paperwork shortly after midnight yesterday. Allen Wilen, chief restructuring officer for Philadelphia Academic Health System LLC, says that the move will facilitate a restructuring or sale of St. Christopher’s, allowing it to remain in full operation. The real estate used by the two hospitals wasn’t included in the filing. Last Wednesday, Hahnemann announced it was closing in September because of unsustainable financial losses.