Medicare, Medicaid Provider Agreements May Transfer Free and Clear in Bankruptcy
There are significant benefits to a healthcare entity selling assets in bankruptcy, particularly with respect to the transfer of its Medicare or Medicaid provider agreements. A commonly held view 1 is that bankruptcy offers little use to healthcare entities reliant on Medicare or Medicaid payments...
How THG May Alter the Landscape in Healthcare Provider Bankruptcies
The Bankruptcy Court for the District of Delaware on August 29, 2019, decided In re THG Holdings LLC, 604 B.R. 154 (Bankr. D. Del. 2019). In THG , Judge John T. Dorsey ruled that the automatic stay of U.S. Bankruptcy Code Section 362 precluded a postpetition continuation and reversal of a...
Illustration of bar graph with Stethoscope and dental tools
Between 2015 and 2020, private equity firms made more than 75 platform investments in physician practice management companies (PPMs) and more than 50 platform investments in dental service organizations (DSOs). This investment frenzy was driven by private equity’s desire to deploy its $1.5 trillion...
Illustration of Doctor Holding shield. Title: Sustaining Healthcare Providers Through the Pandemic
While healthcare generally represents a bright spot in a teetering U.S. economy, COVID-19 has demonstrated that healthcare providers are not immune to the financial pressures associated with the pandemic. As COVID-19 began to spread beyond China and Italy, U.S. hospitals, physician practices, long-...
How COVID-19 Magnified the Fragility of the U.S. Healthcare Sector
COVID-19 and its resulting economic impact have taken a destructive toll on society. At its core, the pandemic has been a health crisis, so, not surprisingly, healthcare has been one of the sectors of the economy that has been most severely impacted. Societal measures to “flatten the curve,” such...
Maximizing Value Amid Uncertainty in the Healthcare Industry
Managing through uncertainty is a constant for healthcare operators. For years, healthcare companies have faced disruption related to reimbursement rate cuts or new market entrants. However, the impact of COVID-19 is creating a new kind of stress across various sectors in the healthcare industry...
COVID-19 May Compel Reimagining the Turnaround Business Model
With each passing day, turnaround advisors, bankruptcy attorneys, and other supporting professionals answer the call as more and more businesses fight for their lives. Some of these businesses will implode from the pressures of the coronavirus crisis, while others will nimbly pivot and thrive with...
Court Blocks Investor’s Use of ‘Golden Shares’ to Prevent Bankruptcy Filing
In football, proper blocking helps a team control the line of scrimmage. Because a bankruptcy filing can shift the power away from an investor to the financially distressed company, investors often have sought to “control the line of scrimmage” and block companies in which they have invested from...
What Restructuring Professionals Need to Know About the California Consumer Privacy Act
Every internet search, click, view, purchase, message, download, and delete creates a digital trail that companies can use to deduce individual consumers’ interests, habits, and preferences. This data forms the backbone of the information economy, facilitating targeted advertising and messaging on...
Protecting Exclusive Distribution Rights for Patented Products and Other Licensed IP
The ability of companies to continue as going concerns has become more challenging than ever. As companies pivot and move forward with product production and sales, they must consider not only their financial viability but the financial viability of their customers, suppliers, and licensors. For...