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A Collision of Complex Laws: The Interplay Between and Among State and Federal Regulatory Laws in Health Care Cases


Level: Advanced
Runtime: 63 minutes
Recorded Date: April 13, 2019
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Agenda


  • Intersection of the Bankruptcy Code and Healthcare
  • Application of Bankruptcy Code to Not-for-Profit Healthcare Business
  • General Considerations for the Closure/Transfer of Healthcare Facilities
  • Bankruptcy Court's Authority to Determine State Court Approval Matters
  • Fiduciary Duties of Directors Prior to and During Transfer of Healthcare Facilities
  • Bankruptcy Court Consideration of Charitable Missions in Approval of Transfer of Not-for-Profit Healthcare Facilities
  • Case Studies of Closure/Transfer of Healthcare Facilities
  • Real Estate and Zoning Concerns in Closure/Transfer of Healthcare Facilities
  • Treatment of Charitable Donations in Closure/Transfer of Not-for-Profit Healthcare Facilities
  • Assignment of Provider Agreements
Runtime: 1 hour and 3 minutes
Recorded: April 13, 2019

Description

This program will probe how state, federal and local laws affect health care bankruptcy cases. The program will address such regulatory schemes as ERISA, state and federal labor laws (with a focus on union issues), state local health care laws, and requisite approval processes for the sale of health care assets and state and local laws concerning reimbursement programs and other aid for the benefit of health care institutions. The program will feature speakers with experience in state, federal and local regulatory laws along with health care insolvency professionals.

This program was recorded as part of ABI's 2019 Annual Spring Meeting on April 13th, 2019.

Provided By

American Bankruptcy Institute
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Panelists

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Neil F. Luria

President
SOLIC Capital

Neil F. Luria serves as President and leads SOLIC’s Restructuring and Distressed Asset Support Services divisions. He specializes in capital restructuring, operational remediation, and alternative recovery strategy and execution support on behalf of the firm’s clients. He has significant experience negotiating and restructuring balance sheet obligations, overseeing asset divestitures and orderly liquidations, and pursuing major litigation settlements. Mr. Luria often serves in the capacity of Chief Restructuring Officer, fiduciary and board member roles where he is responsible for orchestrating operational and capital restructurings, as well as managing the wind-down and disposition planning and execution for a wide array of asset classes. While at SOLIC Capital Advisors (and its predecessors, Navigant Capital Advisors, LLC and Casas Benjamin & White, LLC), he has restructured and overseen the successful monetization of over 250 operating business units and numerous illiquid asset portfolios, with a particular emphasis in the healthcare, financial services, real estate, infrastructure, energy, professional services, and processing/distribution industries.

Mr. Luria has served as Chief Restructuring Officer and Liquidating Trustee for numerous entities including Taylor, Bean & Whitaker Mortgage Corp., the largest independent originator of residential mortgages, Louisiana Medical Center and Heart Hospital, and PBI Regional Medical Center. In addition, Mr. Luria has served as Liquidating Trustee of SageCrest LLC, Mortgage Lenders Network USA and Orthodontic Centers of America. He has also served as a member of the Liquidating Trust Committees of various entities across a range of industries. Mr. Luria has sat on numerous boards of directors including Spectrum Diagnostic Imaging, LLC, an operator of diagnostic imaging centers and Stampede Meats, Inc., one of the largest domestic meat processors. Mr. Luria has also served in various capacities in connection with the strategic disposition planning, execution, and orderly wind-down of a number of high profile hedge funds and private equity funds.

Before joining SOLIC Capital Advisors (and its predecessors), Mr. Luria served as crisis manager and President of BMJ Medical Management, Inc. (NASDAQ: BONS), an operator of ambulatory surgery centers, imaging centers and physician practices. While at BMJ, he oversaw the company’s orderly liquidation efforts, leveraging creative litigation strategies that realized a 100% recovery to its Senior Secured Lenders. Prior to BMJ, he was engaged in the private practice of law at the firm of Jones Day Reavis & Pogue. Mr. Luria’s practice involved the representation of venture capital and leverage buyout funds in connection with their portfolio investments, related add-on acquisitions and subsequent divestiture transactions. In addition, he was involved in numerous securities offerings ranging from global initial public offerings to private placements.

Mr. Luria received his Juris Doctorate from the Boston University School of Law where he served on the Boston University Law Review and his undergraduate degree in Economics from the Wharton School of the University of Pennsylvania. He holds an AIRA certification as a Certified Insolvency & Restructuring Advisor and is also FINRA Series 63 and 79 licensed.

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Hon. Daniel P. Collins

Judge
U.S. Bankruptcy Court, District of Arizona

Daniel P. Collins is a judge on the United States Court of Appeals for the 9th Circuit. On November 13, 2018, President Donald Trump (R) nominated Collins to a seat on this court.[1] The U.S. Senate confirmed Collins' nomination by a 53-46 vote on May 21, 2019. He received commission on May 22, 2019.[2] To see a full list of judges appointed by Donald Trump, click here.

The United States Court of Appeals for the 9th Circuit is one of 13 U.S. courts of appeal. They are the intermediate appellate courts of the United States federal courts.

Collins was a partner in the Los Angeles, California, office of Munger, Tolles & Olson LLP from 2003 to 2019.[3][4] He first joined the firm in 1996.

Collins obtained an A.B., summa cum laude, from Harvard College in 1985. In 1988, he earned a J.D., with distinction, from Stanford University, where he was Order of the Coif. During his legal studies, Collins served as a note editor on the Stanford Law Review.

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Marc E. Albert

Partner
Stinson Leonard Street LLP

Marc E. Albert is a partner with Stinson LLP in Washington, D.C., and chairs its Bankruptcy and Creditors’ Rights Group. He has concentrated over the past 35 years in the areas of financial restructuring, insolvency and creditors’ rights.

Mr. Albert has represented debtors, creditor committees, lenders and other creditors. He has been appointed by the Office of the U.S. Trustee as operating trustee in chapter 11 and 7 cases, and he has been on the Chapter 7 Trustee Panel in the District of Columbia for over 30 years. He also serves as counsel in a variety of bankruptcy and nonbankruptcy matters, including representing numerous clients who have tax problems with the Internal Revenue Service or state tax authorities.

Prior to joining the firm, Mr. Albert was litigation counsel with the Tax Division of the Department of Justice. With three other attorneys, he started a boutique bankruptcy law firm that grew to become one of the leading bankruptcy firms in Northern Virginia.

Mr. Albert maintains an AV rating from Martindale-Hubbell and is admitted to practice in Pennsylvania, the District of Columbia, Maryland and Virginia, and before the U.S. Supreme Court. He is a member of the District of Columbia, American and Virginia Bar Associations, and the Walter Chandler Inn of Court, National Association of Bankruptcy Trustees, ABI, World Affairs Council – Washington, D.C., and the George Washington University Law School Mentoring and Recruitment Program. He was recognized in 2015 with the Founders Award from World Affairs Council and is listed in The Best Lawyers in America from 2011-17 for Bankruptcy and Creditor/Debtor Rights/ Insolvency and Reorganization Law and Litigation-Bankruptcy, Washington D.C. Super Lawyers from 2012-17 for Bankruptcy & Creditor/Debtor Rights, and the 2015 edition of Chambers USA: America’s Leading Lawyers for Business in Bankruptcy/Restructuring.

Mr. Albert received his B.A. in 1970 and his J.D. in 1973 from George Washington University, and his M.L.T. in 1984 from Georgetown University.

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Adam C. Rogoff

Partner
Kramer Levin Naftalis & Frankel LLP

Adam C. Rogoff is a partner at Kramer Levin Naftalis & Frankel LLP in New York City. Mr. Rogoff for more than two decades has focused his practice on complex transactional, litigation and advisory work relating to restructuring, commercial finance, Chapter 11 bankruptcy cases, workouts and "pre-packaged" Chapter 11 matters. He has extensive experience representing a broad range of corporate debtors, creditors (including DIP lenders) and other parties in Chapter 11 restructurings and out-of-court workouts. Mr. Rogoff's clients have included national retailers; healthcare, including hospitals; service providers, particularly in the airline and hotel industries; and manufacturers, notably in steel, alcohol and metals mining. Mr. Rogoff presently represents Saints Vincents Catholic Medical Centers (including its historic New York City hospital) and its related healthcare services as chapter 11 debtors. He is also representing the Official Committee of Unsecured Creditors in In re General Motors Corp. and In re Chrysler LLC. Mr. Rogoff was part of the team that defended Merrill Lynch & Co. and affiliates against significant litigation claims brought in the landmark Chapter 9 municipal bankruptcy case filed by Orange County, California. Mr. Rogoff has advised purchasers of substantially all of a Chapter 11 debtor¿s assets, including the acquiror of the assets of Airways, Inc., MobileAira (a subsidiary of Delphi), Norstan Apparel, Jacobson Stores, Today's Man and Filene's Basement. He has also been involved in extensive distressed real estate acquisitions, including such cases as Service Merchandise. Mr. Rogoff's outstanding record led Global Insolvency & Restructuring Review to name him one of its "Top 40 Under 40" global insolvency practitioners in 2000. He is also named to the Super Lawyers 2006-2009. He received the 2005 Burton Award for Legal Writing for his co-authored article in the New York Law Journal, "China Takes Active Steps Towards Reform." Mr. Rogoff is a member of the Turnaround Management Association, and is a frequent speaker and author of numerous articles and books on bankruptcy matters. He is the general editor and co-author of the Collier International Business Insolvency Guide, serves as a contributing author to Collier on Bankruptcy and Collier Bankruptcy Manual and is an editorial board member of and frequent contributor to The Bankruptcy Strategist. He received his J.D. from New York University School of Law and his B.A., with honors, from Northwestern University.


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