Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Due Diligence in Distressed Community Hospitals

By Deborah Williamson, Mark Andrews and Richard Y. Cheng
August 01, 2018

The Patient Population?

The Projected CAPEX

Cash Flow Hurdles

Family Rehabilitation, Inc. v. Azar
  • How effective has the hospital been in the structuring of “bundled” payments when compared to the actual costs of episodes of care?
  • What is the count for “licensed” beds vs. the number of beds which could actually be occupied at “peak” capacity?
  • What is the payor mix? What is the percentage of Medicare, Medicaid, third party insurance, high deductible patients, private pay and/or uninsured?
  • Is there a history of underpayments, slow or delayed payments by third party administrators (TPAs) (which processes insurance claims or aspects of employee benefit plans)? Is the reimbursement rate similar to that of competitors?
  • Is revenue being lost to ambulatory centers, outpatient facilities, area hospital systems or specialty clinics? Are the number and type of competitors increasing, changing or static?
  • What is the status under the Hospital Readmissions Reduction Program which reduces reimbursement rates for “excess” patient readmissions?

Regulatory and Compliance Reviews

e.g. e.g.

Governmental Claims

qui tam qui tam Qui tam qui tam

Opportunities

e.g.

Exit Issues

The National Conference of State Legislatures
  • Is there a pharmacy? If so, is it owned by the facility or operated by a third party?
  • Is there a fragile patient population? If so, how long will it take to transfer all patients? How long will it take to stop admitting new patients?
  • Is there an emergency room? If so, what is the process for diversion?
  • Is there leased equipment? Can the equipment be moved?
  • Who will take responsibility for the patient records? What is the cost for storage of records? Who will notify former patients regarding the location of their records?
  • Are there land use restrictions? Can any restrictions be easily modified?
  • Will the property need to be re-zoned?

Conclusion

***** Deborah Williamson [email protected] Mark Andrews [email protected] Richard Y. Cheng [email protected]

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.