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

limitation on the ability of courts to review bankruptcy disputes.

In a way, it's almost a blanket restriction.

There's a section of the Social Security Act, which was adopted into the Medicare Act, which is really kind of part of the Social Security Act, which essentially restricts jurisdiction dramatically over Medicare-related disputes.

So if you have a fight over

Whether you owe the government money or whether you should be suspended or any of these kinds of issues, you essentially can't get into the federal court when you're outside of bankruptcy until, A, you've exhausted administrative remedies.

and B, in a lot of cases, at all, because there is a blanket provision that says that this is Section 405H of the Bankruptcy Code that basically says that you can't get a review at all of a large percentage or a large swath of Medicare-related decisions.

So, as Sam mentioned,

There is sort of a mechanism for getting into the federal district court after you've gone through administrative proceedings.

But those are extremely favorable to the government when you get to the court.

The court is not only are they sort of tend to follow what the government has done, but you're just reviewing an administrative decision.

And the legal standard for doing that is extremely hard to overturn.

It's a very deferential standard.

So just built into it.

You have a very hard time winning any of those kind of disputes.

And you can't get into the federal district court to sue the government in almost any cases.

And the only time you get into the federal court is to sort of review what the administrative courts have already done.

Some courts in bankruptcy, there's a big split on this, but have decided that

that that rule doesn't apply when the company with the dispute, the provider with the dispute, files a bankruptcy case.

And there's a very knotty statutory issue, which probably we shouldn't go into in excruciating detail, but basically says that the statute that deprives these people of the companies or courts of jurisdiction –

doesn't mention bankruptcy jurisdiction.

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