Samuel Maizel

speaker

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

Samuel Maizel’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, we're not going to make believe that bankruptcy changes this as much as we'd like it to, but it does provide some arguments.

It also provides some arguments with regard to suspensions for allegations of fraud and really provides some significant leverage in the sale or transfer of a Medicare-Medicaid provider agreement in terms of the transfer of the

of the provider agreement and successor liability that would normally follow it.

So, you know, that's why this is important.

I'll turn it back over to Auggie, and Auggie can start talking about jurisdiction.

And there is an important update we want to talk about even since March when we did the program at the Medicare and Medicaid reimbursement conference.

But I'll let Auggie start.

Yeah, look, this is an important issue because, as Augie described, the administrative process can take years.

And after the first couple steps, the government can recoup monies otherwise payable to the provider during the appeal process.

And the first couple steps...

where they can't recoup are basically like asking for reconsideration of the same entity that already stopped your payments or decided against you.

So they're very infrequently successful, like never successful.

So it's a huge problem.

It's a huge problem to have to wait for the administrative process to run its course.

So this is sort of what you're seeing as a chess game here.

You know, for years, the government argued with success that the Medicare bar, so Augie referred to Section 405H of the Bankruptcy Code.

He meant to refer to Section 405H of the Social Security Act, which is incorporated in the Medicare.

But it has language that bars jurisdiction for federal courts.

And, you know, there's a long, complicated history.

The 11th Circuit in Inray, Bayou Shores,

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