Medicare, Medicaid Provider Agreements May Transfer Free and Clear in Bankruptcy
By Samuel R. Maizel and Tania M. Moyron, Partners, and Nicholas A. Koffroth, Senior Managing Associate, Dentons US LLP
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 view1 is that bankruptcy offers little use to healthcare entities reliant on Medicare or...
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Nicholas A. Koffroth is a senior managing associate in Dentons’ Restructuring, Insolvency and Bankruptcy group. His practice includes bankruptcy matters as well as in- and out-of-court restructuring and focuses on healthcare industry restructuring. He has represented debtors and creditors in a wide range of industries through all aspects of Chapter 11. Koffroth is recognized as a Rising Star for Bankruptcy in Southern California by Super Lawyers (2019-2020) and currently serves on the board of directors for the Los Angeles Bankruptcy Forum.
Tania M. Moyron is a partner in Dentons' Restructuring, Insolvency and Bankruptcy group. She has significant experience in bankruptcy, corporate restructuring, and related litigation matters, and has represented Chapter 11 debtors, creditors’ and equity committees, liquidating trustees, principals, and secured and unsecured creditors in all aspects of corporate bankruptcy. Moyron currently co-leads the representation of Verity Health System of California, Inc., and 16 affiliated entities in the second largest hospital bankruptcy case in American history.
Samuel R. Maizel is a partner in Dentons US LLP’s Restructuring, Insolvency and Bankruptcy group in Los Angeles and leads the firm’s healthcare industry restructuring efforts nationwide. He has served as lead bankruptcy counsel to healthcare debtors and creditors committees in Chapters 9 and 11 cases, and as counsel to Chapter 7 and 11 trustees. Maizel also has served as an examiner, Chapter 11 trustee, patient care ombudsman, and consumer privacy ombudsman. He previously was a partner in a national bankruptcy firm and a trial attorney in the U.S. Department of Justice.