Agenda for the 2004 Annual Winter Leadership Conference
This program—scheduled for Friday, December 3, from 9:30–11:00 am at the 2004 Winter Leadership Conference in Scottsdale, Ariz.—will compare and contrast the options available for liquidating a health care entity that cannot restructure, including: bankruptcy, assignment for the benefit of creditors, state or federal receivership or conservatorship and informal liquidations.
An Issue That Just Won’t Go Away
Contributing Editor: Samuel R. Maizel; Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C.; Los Angeles
Originally from the July/August 2004 ABI Journal
More than six years ago, I wrote the first article for this column on the issue of whether Medicare had a right of recoupment when it was owed money by a Medicare provider that had gone into a bankruptcy proceeding. The issue simply refuses to go away, despite a lot of commentary and cases discussing it. Courts continue to wrestle with this issue and continue to confuse some basic issues about the very concept of recoupment while doing so. The recent cases of In re Slater Health Center Inc. and In re Holyoke Nursing Home Inc. show that the silver bullet for this issue has not yet been discovered. Moreover, after more than a decade of litigation arising in Medicare-provider bankruptcy cases, these two cases show that there continue to be new issues raised about a debtor’s rights vis-à-vis participation in the Medicare program.