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Orianna Health Systems Closing in on Broad Bankruptcy Settlement, Lawyers Say

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Orianna Health Systems LLC is “within striking distance” of a broad settlement that could resolve considerable opposition to its chapter 11 restructuring plan, its lawyer said yesterday, WSJ Pro Bankruptcy reported. During a hearing at the U.S. Bankruptcy Court in Dallas, Orianna attorney Thomas Califano told Judge Harlin DeWayne Hale the nursing-home operator is closing in on a resolution to the contentious case with the help of a mediator. Judge Hale approved the appointment of a mediator, retired bankruptcy judge Bruce Markell, earlier this month, hoping he could help Orianna, its landlord, creditors and the restructuring plan’s sponsor work out their remaining differences. Califano said that he expects to have an update for Judge Hale by Friday. Earlier this month, Orianna held an auction for about half of its nursing facilities. Court papers say that the lead bidder, SC-GA 2018 Partners LLC, came out on top after several rounds of bidding.

Buyout Group, Creditors Reach a Deal in Bidding Terms for Rehab Center

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Creditors Tuesday persuaded an investment group offering to buy Elements Behavioral Health Inc. to make a key concession in the bidding for the debt-burdened addiction-rehabilitation center, WSJ Pro Bankruptcy. An investment vehicle that includes hedge fund BlueMountain Capital and Platinum Health Care founder Ben Klein has set its sights on Elements Behavioral, and will lead the bidding at a planned July bankruptcy auction. The buyout group is also Elements Behavioral’s top-ranking lender, and, as such, was in position to dominate the auction, creditors feared. At a hearing yesterday in the U.S. Bankruptcy Court in Wilmington, Del., the BlueMountain buyout group agreed to limit the amount of “credit-bidding” it will do to $65 million.

ABI Journal Article Provides Precautions on Privacy Protection and Data Security in Health Care-Related Bankruptcies

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Alexandria, Va. — As the number of health care-related bankruptcies continues to climb, an article in the June ABI Journal examines the extra precautions that practitioners should take in handling data and privacy concerns in a typical health care insolvency. “Among the most important considerations in any bankruptcy case, protecting privacy and safeguarding data becomes exponentially more complex in cases involving health care institutions, where patients’ confidential medial information is involved,” Jennifer Meyerowitz of GCG (Lake Success, N.Y.) writes in her article, “Privacy Protection and Data Security in Health Care-Related Bankruptcies.”

As in any bankruptcy case, Meyerowitz said that the collection and presentation of voluminous amounts of data is required. “However, in a health care-related bankruptcy or restructuring, the accidental and unintentional disclosure of protected data and other patient/consumer information is especially problematic, as fines and penalties are more significant and can be financially crippling at a time when many companies are facing significant liquidity constraints,” she writes. “Moreover, these errors can often expose professionals to significant litigation from various damaged parties.”

Meyerowitz said that more than 30 health care entities are under investigation by the Secretary of Health and Human Services for HIPAA violations occurring between Jan. 1 and Feb. 21, 2018. “These violations — stemming from unauthorized access or disclosure, hacking, IT incidents, loss, theft and improper disposal — can result in significant penalties for the health care entities,” she writes.

To remain ahead of compliance concerns, Meyerowitz cautions that counsel (together with all professionals engaged in the bankruptcy matter) should evaluate the health care institution’s current cybersecurity and data-protection protocols at the outset and work with the patient care ombudsman, if one has been appointed in the case, to address potential internal and external threats. “Failure to put fundamental data-protection mechanisms in place could result in penalties, including fines, damages and additional consumer remediation,” she writes.

To obtain a copy of “Privacy Protection and Data Security in Health Care-Related Bankruptcies” from the June edition of the ABI Journal, please click here. To speak with the authors, please contact ABI Public Affairs Manager John Hartgen at 703-894-5935 or jhartgen@abiworld.org.

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ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 12,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abiworld.org. For additional conference information, visit http://www.abi.org/education-events.

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Washington Hospital Avoids Closure, Saves 1,000 Jobs

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Kennewick's (Wash.) public hospital district emerged from bankruptcy Wednesday with a firm plan to keep Trios Southridge Hospital open, the Sri-City Herald reported. Bankruptcy Judge Frederick Corbit approved a plan in Spokane, Wash., that sets the stage for the hospital district to sell the hospital and other assets to RCCH Healthcare Partners. The Tennessee-based healthcare operator is also pursuing a deal to acquire Lourdes Health in Pasco. Judge Corbit's approval follows a frenzied series of meetings to win an OK from the district's unsecured creditors. In the end, the district agreed to sweeten the pot by injecting $5.25 million, including $1.3 million in future tax money.
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HCR ManorCare Restructuring Confirmed by Judge

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Bankrupt nursing-home operator HCR ManorCare Inc. won confirmation of its latest chapter 11 restructuring plan yesterday, WSJ Pro Bankruptcy reported. HCR ManorCare filed for bankruptcy in March, after falling behind on rent to Quality Care Properties Inc. for nearly a year. Quality Care gave HCR ManorCare several breaks on rent, but ultimately sued to replace HCR ManorCare’s management. Negotiations between Quality Care and HCR ManorCare led to a prepackaged chapter 11 filing by HCR ManorCare, with its landlord expected to eventually take control. HCR ManorCare’s operating business has stayed out of bankruptcy.
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Two Arizona Hospitals Abruptly Close after Entering Bankruptcy

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Gilbert (Ariz.) Hospital and Florence (Ariz.) Hospital at Anthem, both owned by Gilbert-based New Vision Health, provided little notice before shutting down, Becker's Hospital Review reported. The two hospitals entered chapter 11 bankruptcy in late May after creditors filed involuntary bankruptcy petitions for the hospitals, seeking to collect $1.96 million they claim the hospitals owe. In court documents filed May 1, creditors claimed that the two Arizona hospitals failed to make lease payments for months and that the facilities are "on the brink of complete shutdown." The two Arizona hospitals failed to contest the petition within the required 21-day timeline, and the court subsequently granted creditors' request for relief through the chapter 11 bankruptcy process. The financial troubles forced the two hospitals to close. After initially announcing the two facilities would close June 15, officials slightly extended the timeline. Gilbert Hospital closed June 16 and Florence Hospital closed June 18, according to azcentral.com.

Two Arizona Hospitals Enter Bankruptcy

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Gilbert (Ariz.) Hospital and Florence (Ariz.) Hospital entered chapter 11 bankruptcy in late May after creditors sought to force the hospitals into bankruptcy in an attempt to collect $1.96 million they claim the affiliated hospitals owe, according to Becker's Hospital CFO Report. In late April, three employees jointly filed the involuntary bankruptcy petition for Florence Hospital, seeking $46,650 in wages. Gilbert Hospital's involuntary bankruptcy petition, which seeks more than $1.9 million, was filed by the hospital's founder and CMO Timothy Johns, MD, an unsecured creditors' trust and a Phoenix-based law firm. After creditors ask the court to initiate bankruptcy proceedings, the debtor has the opportunity to contest the petition. The two Arizona hospitals failed to contest the petition within the required 21-day timeline, and the court subsequently granted creditors' request for relief through the chapter 11 bankruptcy process. 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. 

Elements Behavioral Health Files for Bankruptcy Protection

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Elements Behavioral Health Inc., which operates the addiction-rehabilitation center where actress Lindsay Lohan and singer Britney Spears sought treatment, filed for chapter 11 bankruptcy protection yesterday with a deal to a group that includes hedge fund BlueMountain Capital and Platinum Health Care founder Ben Klein for $65 million, WSJ Pro Bankruptcy reported. The privately owned company, based in Long Beach, Calif., was exploring a sale earlier this year. The company had previously considered a sale in 2014 when it was projected to produce $25 million in earnings before interest, taxes, depreciation and amortization.

Bankrupt Connecticut Nursing Home Raided

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Bridgeport Health Care Center, which filed for bankruptcy on April 18, was raided yesterday, according to the union representing most of the facility’s workers, the Connecticut Post reported. Sherrie Weller, president of AFSCME Local 1522, said she knows little about the substance of the raid, but knows that a warrant was served and that FBI, Department of Labor staff and other law enforcement were on site yesterday morning. Weller and a small group of the workers staged a press conference and protest at the nursing home — which employs about 400 people — in early April, alleging that the workers weren’t getting paid on time, that there were insufficient funds deposited in their credit union and the company is failing to pay the third-party administrator that manages the workers’ health care benefits. At the time of their protests, the union and the workers laid much of their woes at the feet of the health care center’s chief financial officer Chaim Stern. Stern has been embattled for some time. In 2016, the U.S. Department of Labor sued him for allegedly diverting $4 million in retirement plan assets to a New York-based religious corporation and to himself.