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

You know, what a lot of times hospitals are afraid of buying.

When they buy a provider, if they could buy a provider agreement, let's say you're going to take a hospital and sign it over to a new owner and they're going to get the provider agreement.

What they really don't want is some of the bad acts kind of liabilities that could potentially flow with that agreement.

Those liabilities, like FCA type liabilities, other things,

could be big, big dollars, right?

And nobody buying a troubled hospital wants to buy a huge mess in terms of like false claims or some other nefarious activities that the hospital might have been involved in.

So there's those liabilities.

And then there are sort of more what you might call garden variety liabilities, overpayments and underpayments that haven't been adjusted yet.

But those overpayments and underpayments in the hospital context are adjusted on a yearly basis because in a Part A Medicare agreement,

the government adjusts those kinds of liabilities through an annual cost report and cost report analysis.

And those cost reports, while the government, unfortunately, as in other areas, is slow to do those adjustments, they should essentially on an annual basis more or less be settled.

I mean, there's always possibility for revisiting them anywhere but the Third Circuit.

But those liabilities should be

should be essentially understood within a couple of years after the end of the year.

So if the concern of the buying hospital is that they don't want to buy those kind of potential liabilities, it seems like there should be a way to mitigate that risk such that the buying hospital can buy and say, well, we probably won't owe any more than this or we won't owe anything because there's a mechanism set up to

avoid us owing anything.

And that mechanism is an escrow type arrangement, which the government crafted in Steward and which I believe it's applied in Prospect and maybe Genesis too.

But the idea is that based on past history of the Medicare overpayments and underpayments, you can make an educated guess about what the next couple of cost year reports

I shouldn't say next, because they've already been done, but they haven't been analyzed yet.

But the results of those analyses are likely to be.

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