Healthcare and Senior Living

Historically, the healthcare industry was viewed as stable and resistant to market-driven ups and downs. This is no longer the case.  Modern economic pressures, shifting reimbursement models, rising labor costs and other volatile factors have created a challenging environment for hospitals, clinics, nursing homes and other senior care communities, and private practices alike. Whether navigating the complexities of an inadequate capital structure or managing the volatility of patient volumes, healthcare providers require sophisticated legal counsel to maintain operational stability.

Gartland Thacker DelCotto PLLC provides experienced guidance in both out-of-court restructurings and Chapter 11 bankruptcy proceedings tailored for the healthcare sector. We understand that healthcare restructuring is unique because it involves a “triple bottom line” of financial viability, regulatory compliance, and, most importantly, ongoing patient care and volume. 

Our attorneys possess the experience and knowledge required to navigate the distinct challenges of the healthcare revenue cycle and regulatory landscape, including:

• Revenue Cycle & Third-Party Payers – We address the intricacies of billing and collections involving Medicare, Medicaid, and private insurance, including the management of Medicare/Medicaid setoffs and recoupments.
• Patient Care Ombudsman – We coordinate with any court-appointed ombudsmen to ensure that patient safety and care standards remain the priority during any formal restructuring process.
• Regulatory & Licensing Compliance – Our team helps manage the intersection of insolvency law and healthcare regulations to protect facility licenses and provider certifications.
• Capital Structure & Asset Sales – We assist facilities in restructuring existing debt or utilizing Section 363 sales for an orderly transfer of corporate assets to different ownership, and obtaining the coveted “free and clear” sale order obtained from bankruptcy court through its well-established processes. 
• Lease & Equipment Financing – We analyze complex medical equipment leases to determine “true lease” vs. “finance lease” status and manage the assumption or rejection of facility leases.  Renegotiation of lease terms and buy-outs is often involved.
• Administrative & Post-Petition Claims – We provide strategic counsel on the priority of claims to ensure the continued delivery of essential medical services.

Gartland Thacker DelCotto’s experience across all aspects of the healthcare and senior living sectors allows us to guide clients through high-stakes transitions and protect their interests in a complex, multi-party environment. To discuss your specific needs, call us today at 855-649-8289 or email our team to schedule a consultation.