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| vol 16, num 1 | June, 2019 |
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| Debt Rendered Nondischargeable Because Debtor Kept the Insurance Checks |
Many Americans lack health insurance. Even people with health insurance may seek care from out-of-network hospitals that don’t participate in their health plans. That is what happened with the debtor in In re Dietrich, because “his health insurance carrier would not pay the Hospital directly” and instead paid the debtor the cost of his hospital bills. After receiving the money from the insurance company, however, the debtor never paid the hospital. Consequently, the U.S. Bankruptcy Court for the Eastern District of Pennsylvania found that his debt to the hospital was not dischargeable.
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| HIPAA and Reorganization and Sales in Health Care Bankruptcies |
| As any bankruptcy practitioner knows, laws other than the provisions of the Bankruptcy Code can significantly impact a debtor’s reorganization. Indeed, bankruptcy trustees and debtors-in-possession must conduct the debtor’s operations in accordance with applicable nonbankruptcy law. It should come as no surprise, therefore, that laws regulating health care providers and insurers can significantly impact the reorganization of health care debtors. One such law is the Health Insurance Portability and Accounting Act of 1996, as it has been amended by the Health Information Technology for Economic and Clinical Health Act of 2009 (hereafter, as
so amended, “HIPAA”). This article will address the impact of HIPAA on the reorganization of healthcare providers. |
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| Health Care Committee Leadership for 2019 |
| The Health Care Committee is proud to announce our new leaders for 2019!
You can also visit the committee's homepage for more newsletter articles, relevant recordings and other committee information.
The committee is always eager to welcome new volunteers. Please contact any member of our leadership team to find out how you can get involved.
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Liz Nicolle Boydston
Membership Relations Director
K & L Gates LLP
Dallas, Texas |
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