Top 5 Legal Considerations for MCOs when Dealing with Financially Distressed Providers

May 3, 2024 3:45pm

Ken Thomas
Partner
Fox, Swibel, Levin & Carroll LLP

There has been an uptick in healthcare provider bankruptcies in the last couple year. Providers claim the roll back of COVID-19 funding and implementation of the No Surprises Act have contributed to the financial strain, and ultimately the decision to file for Chapter 11 bankruptcy.

For payors, it’s a critical time to assess the impact on current business with providers and strategically approach ongoing legal matters.

  • Examining key lessons coming out of the Envision bankruptcy and lawsuits
  • Conducting business with a provider in bankruptcy – when do you need bankruptcy court approval
    • Assessing how your provider agreement is impacted under such circumstances
  • Recognizing a debtor’s rights to assume, assume and assign or reject an executory contract
  • Identifying key provisions in plans of reorganization and sales motions and how they may impact your contractual rights