Distress to Success

Showing 35 posts in Bankruptcy & Banking Law.

The New Distress Indices

On Monday, we released three new research indices tracking distress in U.S. financial markets.    Read More ›

Obamacare and Antitrust

One of the interesting tensions in the healthcare industry right now is the need for consolidation versus antitrust consolidation prohibitions. Read More ›

Acquiring The Distressed Healthcare Business: Dealing with Government Provider Liabilities

When it comes to distressed healthcare M&A, the thorniest issues often ride on provider agreement liabilities with Medicare and Medicaid.    Read More ›

To “CHOW” Or Not To “CHOW” Part 6:


To “CHOW” Or Not To “CHOW” Part 4:


To “CHOW” Or Not To “CHOW” Part 3:

The Three Primary Deal Structures

Generally, facilities change hands through (1) an asset acquisition, (2) a merger, or (3) a stock sale.  Each one has different implications for whether it is a CHOW, so in deal negotiation, structure is key.  This blog takes the reader through an overview of each of the three structures in basic form.  In follow-up blogs, we’ll go through specific issues for each of the three structures, and the factors that influence whether each may be a CHOW or not under specific circumstances. Read More ›

To “CHOW” Or Not To “CHOW” Part 2:

A Thumbnail Sketch on Enrollment, Licensure, and CON’s

Remember that a CHOW primarily impacts: (1) Medicare enrollment, (2) Medicaid enrollment, (3) state licensure, and (4) the Certificate of Need (“CON”).  In our last blog, we discussed why CHOWS are important and what can happen if they aren’t handled properly.  Today, we go through the four major areas that are affected by a CHOW.  Read More ›

To “CHOW” Or Not To “CHOW” Part 1:

What is a Chow and why is it important?

A CHOW is a Change in Ownership of a “Provider” for regulatory purposes.  Hospitals, inpatient and outpatient rehabilitation facilities, skilled nursing facilities, home health agencies and hospice companies are all Providers, to name a few. Read More ›

Healthcare Transactions in Special Situations – A New Series: “To CHOW Or Not To CHOW”

I recently wrote an article in the Journal of Corporate Renewal about the four major regulatory issues in a special situations healthcare transaction.    Read More ›

Municipal Ills Create Healthcare Opportunities

I’ve just co-authored an article for the Journal of Corporate Renewal on the 6 strategies for municipal restructurings, as well as the healthcare acquisition opportunities that municipal defaults are likely to create.    Read More ›

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