Health Care Committee

ABI Committee News

According to a Recent Survey Conducted by Waller Lansden Dortch & Davis LLP, "Hospital Investments in Competitiveness: Financing Options," Many Hospitals Plan Significant Expenditures, but Expect to Fund Them by Traditional Means.

Waller Lansden Dortch & Davis, LLP (Waller Lansden), home to one of the United States' largest and most comprehensive healthcare law practices, conducted a survey of hospitals entitled "Hospital Investments in Competitiveness: Financing Options." Waller Lansden published the survey in the December issue of HealthLeaders. According to Reggie Hill, the head of Waller Lansden's health care industry practice:

Waller Lansden sponsored the survey to provide useful information to the healthcare industry, and in particular hospitals and financing sources, concerning the financing plans of hospitals. All hospitals are under pressure to maintain and upgrade their facilities and technology in order to attract physicians and patients and to provide quality care and must have access to capital to finance their needs in this regard. 

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According to a New Study by the Alvarez & Marsal Healthcare Industry Group, More Than Half of U.S. Hospitals Are Now Technically Insolvent or at Risk of Insolvency

"Hospital Insolvency: The Looming Crisis," a recent study by the Healthcare Industry Group of global professionals services firm Alvarez & Marsal, shows that more than half of U.S. hospitals are now technically insolvent or in danger of becoming insolvent. On that point, Matthew Marcos, Senior Director of the Alvarez & Marsal Healthcare Industry Group, states:

For years, incremental change has been the accepted path to improved hospital performance. We believe hospital boards and management need to focus on restructuring operations and retooling capital structure or risk irrelevance.

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Of Patient Care Ombudsmen and Asset Sales: 2008 Cases of Interest to Health Care Law Practitioners in Bankruptcy Cases

This article examines four 2008 patient care ombudsman cases: In re Brotman Medical Center Inc. (Bankr. C.D. Cal.), In re Valley Health System (Bankr. C.D. Cal.), In re Haven Eldercare LLC (Bankr. D. Conn. 2008), and In re Starmark Clinics L.P. (Bankr. S.D. Tex.).  Also examined is In re Bridgeport Holdings Inc. (Bankr. D. Del.).  Though not a health care case, it provides important warnings to the directors and officers of health care businesses considering sales of the business or its assets.

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