By Porter Wright on Banks and other financial institutions need to understand how federal and state laws may impact closing a lending transaction in connection with a change of ownership ("CHOW") of a health care facility ("HCF"). Various laws implicated in a CHOW frequently include federal Medicare laws and state licensing, certificate of need, and Medicaid laws. Under Medicare regulations, … Continue Reading
By Porter Wright on Health care lenders and others evaluating or relying on the financial strength of a healthcare provider need to think about the potential recoupment and setoff of claims against Medicare/Medicaid receivables of the provider. RECOUPMENT Recoupment, which is the netting of two related claims which is the function of a single, unitary transaction between the parties, … Continue Reading
