In three recent New Jersey chapter 11 hospital sales, the unsettled legal issues associated with attempts to assign a hospital’s HHS provider agreement and/or its National Provider Identifier (NPI) without assigning the liabilities stemming from those agreements and NPIs were either avoided or postponed, rather than litigated.
I find it interesting that a lifetime of experience can lead you to a point where what you’ve mastered has an impact on a whole new segment of an industry you’ve not considered.
Health care bankruptcies present debtor’s counsel with a whole host of unique issues. Should a patient care ombudsman be appointed?
Newly incorporated into the Bankruptcy Code[2] as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA),
One of the goals of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is to provide greater protections to patients in health care business bankruptcies. See Pub.L. No. 109-8. To that end, new Bankruptcy Code provisions have been enacted to specifically address issues that arise in health care business bankruptcies.
Sicko, the need for improvement was apparent. Costs had spiraled out of control, quality of care was inconsistent and health care providers faced daunting operational and financial challenges.
The 2005 amendments to the Bankruptcy Code have been the source of much controversy. The “patient care ombudsman,” a new position created in health care bankruptcies, however, is one addition that has received little attention in the press. Congress added the position in the newly-codified §333 of the Code.
New Jersey’s hospitals, like acute care centers in many states, are facing an increasingly difficult future. This is especially true for the state’s urban hospitals, where the payor mix is skewed toward charity care patients instead of those who are fully insured.
The Berger Commission report will change New York’s health care system and create an environment ripe with opportunities for restructuring professionals to assist boards and management teams in the following areas:
Strategy: Evaluate M&A and combination opportunities
A significant portion of the revenue of many health care providers is dependent upon payments made by governmental health care programs such as Medicare and Medicaid.
