Excerpt from Practical Guidance

Potential Barriers To Health Care Provider Bankruptcies

Law360 (February 17, 2021, 4:49 PM EST) -- This article discusses the health care provider bankruptcy market and a recent U.S. Court of Appeals for the Ninth Circuit decision, In re: Gardens Regional Hospital and Medical Center Inc., addressing whether certain amounts owed under Medicare and Medicaid provider agreements are subject to setoff or recoupment in a provider's bankruptcy.

See Setoff, Recoupment, and Setoff versus Recoupment on Lexis Practical Guidance for further information on these topics.

After reaching a four-year high in 2018, the volume of health care and medical industry bankruptcy filings in the U.S. continues to be significant.

According to statistics provided by New Generation Research Inc.'s...

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