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bankruptcy lawSection 351 of the Bankruptcy Code permits a health care business in bankruptcy to dispose of patient records if it lacks sufficient funds to pay to store the records in accord with applicable state or federal law.  Although section 351 was enacted in 2005, the provision appears to be little used.  That’s because the procedures required before patient records may…
Continue Reading Is the Bankruptcy Code Provision on Disposal of Patient Records Useless?

New York Health Law Blog contributor and Farrell Fritz associate Veronique Urban and bankruptcy partner Ted Berkowitz take a close look at the Peninsula Hospital Center bankruptcy in the September 2013 American Bankruptcy Institute Journal.  Peninsula Hospital’s bankruptcy case illustrates the various elements that make health care and hospital bankruptcy cases so different from other cases, including the roles and …

Continue Reading A Close Look at the Peninsula Hospital Bankruptcy

On December 2, 2012, Interfaith Medical Center, Inc. (“Interfaith”) filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Eastern District of New York, becoming the latest New York hospital to fall victim to the current economic downturn.  It remains to be seen whether Interfaith will be able to successfully reorganize in bankruptcy or…

Continue Reading New York Hospitals Continue to Struggle: Interfaith Files for Bankruptcy

In its August 2012 issue, the American Bankruptcy Institute Journal published  Medicare Issues in Bankruptcies by Ted Berkowitz and Veronique Urban of Farrell Fritz.

The takeaways:

-Health care entities contemplating a bankruptcy filing should carefully consider the effects that the filing will have on their Medicare arrangements;

-Health care debtors should be aware that any automatic stay will likely not…
Continue Reading Medicare Issues in Bankruptcies