The Intersection of Bankruptcy Law and the Healthcare Industry: A Clash of Conflicting Concepts

Samuel R. Maizel, Dentons US LLP

Clifford A. Zucker, FTI Consulting

Elizabeth Green, BakerHostetler LLP

Moderated by:  Michael Sweet, Fox Rothschild LLP

The healthcare industry is a political football and faces significant financial headwinds. The result is a consistent stream of bankruptcy cases in the healthcare industry.  Currently the second largest hospital bankruptcy case in American history is pending in Los Angeles.  Many other hospitals have filed chapter 11 or chapter 9 cases in California, including the recently completed Gardens Regional Hospital and West Contra Costa Health Care District cases, as have large skilled nursing facilities operators.  This panel will discuss the intersection of the Bankruptcy Code, healthcare statutes and regulations, and not-for-profit law, and its impact on healthcare bankruptcy cases, including unique issues related to the Attorney General’s review of not-for-profit sales, the treatment of the Medicare and Medi-Cal provider agreements, the treatment of donor restricted funds, and other issues.      

The Bay Area Bankruptcy Forum certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of one hour of general credit.                                             PROVIDER NUMBER 1287

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