Augie Curtis

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209 appearances 1 recordings 1 series first heard Jul 2026 last heard 14 Jul

Augie Curtis’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.

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AHLA's Speaking of Health Law · Distressed Health Care Providers—Key Restructuring Issues for 2026 · 14 Jul 2026 podcast

There is, of course, the Third Circuit's caveat on that in regard to certain kinds of Medicare agreements, and that is hospital Medicare agreements, where the Third Circuit says that because of the cost-year reporting process that I described before,

Recruitment does not apply outside of cost year.

So if you owe money from an old year and the government starts taking the money from a later year because of the fact that costs and offset and

you know, adjustments are supposed to be made on an annual basis.

That's not, according to the Third Circuit, a recoupment process.

That's a set-off and is subject to those limitations.

With that exception, I think basically the courts have been pretty uniform that any kind of Medicare adjustment essentially under the Medicare agreement, whether it's Part A or Part B,

is a recoupment and therefore the government can do it not standing the bankruptcy case.

And of course, as Sam mentioned, these are hugely important issues because of the difference in the treatment of set off and recoupment.

One of them in particular that I don't know if Sam mentioned, but I know is really the key is that the

the fact that set-off cannot be effectuated pre-post.

It's called pre-post in bankruptcy world.

It means that you can't set off an obligation from before the bankruptcy against an obligation after the bankruptcy.

So in other words, if you owe the government before the bankruptcy, the government can't start setting off against that obligation after you file the bankruptcy case.

So set-off is hugely different in that regard because the government can recoup

from those obligations after the bankruptcy is filed.

So in a Medicare context, that means the government can hold back your later Medicare receipts, even if you file a bankruptcy, if you owe the government money.

And, you know, private providers have perennially tried to, you know, attack that for obvious reasons because they, you know, they filed bankruptcy because they couldn't pay their prior fees.

obligations, but they can't function.

They can't get their Medicare receipts to try to reorganize.

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