Unique Issues That Arise In The Restructuring Of A Financially Distressed Healthcare Business
Samuel Maizel is a partner in Dentons US LLP's Restructuring, Insolvency and Bankruptcy group, where he leads the firm's healthcare industry restructuring efforts nationwide. He has served as counsel to healthcare industry debtors, creditors' committees, creditors, buyers and sellers of financially distressed healthcare assets, chapter 11 trustees and liquidating trusts, and as a Chapter 11 trustee, examiner, patient care ombudsman, and consumer privacy ombudsman. Before joining Dentons, Sam was a partner in a national bankruptcy firm, represented federal agencies nationwide as a trial attorney in the US Department of Justice, and served in US Army, including service in Operation Desert Shield/Desert Storm.
Congress is empowered by the Constitution to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has enacted comprehensive statutes governing bankruptcy, primarily in the form of the Bankruptcy Code, located at Title 11 of the United States Code. Congress has also, however, enacted The Medicare Act, which has been described as "the most completely impenetrable texts within human experience." The result when the two collide is, as one would imagine, difficult for judges, confusing to lawyers and impossible to sort out for healthcare industry participants. This presentation will discuss the various unique issues that arise in the restructuring of a healthcare business, including the unique issues that arise vis-à-vis the federal and state governments, as well as with regard to not-for-profit entities.
Institutional Repository Citation
Maizel, Sam R., "Unique Issues That Arise In The Restructuring Of A Financially Distressed Healthcare Business" (2016). Center for Law, Health and Society Events. 51.