News & Analysis as of

Commercial Bankruptcy Healthcare Facilities

ArentFox Schiff

Navigating the Increased Prevalence of Massachusetts Skilled Nursing Facility Receiverships

ArentFox Schiff on

This past year, in the wake of significant economic challenges facing the health care industry, an unprecedented number of receiverships were imposed upon skilled nursing facilities in Massachusetts. Historically,...more

Robinson+Cole Health Law Diagnosis

Connecticut Establishes Emergency Certificate of Need Process for Hospitals in Bankruptcy

On March 3, 2025, Connecticut Governor Ned Lamont signed a law establishing a new process for hospitals in bankruptcy to apply for an “emergency certificate of need” (CON) to approve a transfer of ownership. The law, titled...more

Bowditch & Dewey

Ten Reasons to Expect an Increase in Financial Restructurings in 2025

Bowditch & Dewey on

1. Commercial Chapter 11 Bankruptcy Filings Have Increased Significantly Year-Over-Year: There has been a significant increase in the number of commercial Chapter 11 cases (larger company filings) in 2024. By way of example,...more

Epstein Becker & Green

New State Laws Requiring Notice of Health Care Transactions Will Uniquely Impact Distressed Transactions

Distressed businesses are often compared to melting ice cubes or an aircraft in rapid descent. The goal for a distressed business is to get to a transaction before the ice cube melts or the aircraft and ground meet at an...more

Arnall Golden Gregory LLP

Considerations for Incoming Operators of Senior Living Facilities to Mitigate Risks With Distressed Former Operators: A Case...

An incoming operator of a senior living facility should consider and mitigate risks of potential successor liability when agreeing to operate a new facility.1 This is particularly true when the former operator has filed for...more

Nelson Mullins Riley & Scarborough LLP

SCOTUS’s HOUSE CALL on Healthcare Industry: The Economic Impact of Mandatory Vaccination

The Supreme Court of the United States in a per curiam opinion on Jan. 13 ruled that the Secretary of HHS (United States Department of Health and Human Services) did not exceed his statutory authority in requiring that, in...more

Epiq

Healthcare Organizations and Bankruptcy: Is Telemedicine the Savior?

Epiq on

The healthcare industry has been under financial stress for years, with a record-setting number of bankruptcy filings in 2018. High filing numbers continued into 2019 and 2020, as effects from the pandemic exacerbated the...more

Winstead PC

Landlord Considerations in Lease Workouts with Troubled Healthcare Operators (Including Bankruptcy Considerations)

Winstead PC on

The past few years have seen an unprecedented number of bankruptcies in the healthcare space, primarily from hospitals and senior living operators. The pressure placed on healthcare operating companies will only increase as...more

Carlton Fields

Reducing Hospital Regulatory Burdens Through Bankruptcy Sales

Carlton Fields on

As the COVID-19 pandemic persists, hospitals across the country are feeling the pain. Many states have reduced or completely eliminated elective surgeries, and potential patients who historically would go to a hospital for...more

Sheppard Mullin Richter & Hampton LLP

To Report or Not to Report – Is it Really A Question?

In a May 15, 2017 Bankruptcy Court decision (Gardens Decision) from California’s Central District (In re Gardens Regional Hospital and Medical Center, Inc. (Bankr. C.D.Cal., May 15, 2017, No. 1617463), Judge Ernest M. Robles...more

BakerHostetler

Healthcare Providers Face Increasing Financial Pressure and Bankruptcy Risk

BakerHostetler on

The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices. These...more

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