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 · last 12 monthsRecordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.
Appearances
goes into it in excruciating detail.
The Ninth Circuit has held that the absence of a reference to the bankruptcy jurisdictional grant means that the bar doesn't apply to bankruptcy courts.
The Third Circuit, not so clear in a case called University Medical Center.
We thought the Fifth Circuit had ruled in a positive way for debtors.
In Benjamin, now it's not so clear.
And so right now, I would say that Judge Jernigan's decision in prospect is not helpful for debtors.
There are still issues that can be raised about jurisdiction.
So right now, I would say Ninth Circuit is very favorable.
The Third Circuit's kind of favorable.
The Fifth Circuit's unclear.
The Eleventh Circuit's absolutely dead against it.
They called the failure to address bankruptcy jurisdiction as a Scrivener's error, which nobody apparently has seen fit to correct for about 80 years at this point.
The issue is in flux, but certainly in many jurisdictions like California, Texas, and Delaware, all important bankruptcy jurisdictions, there's at least an argument, in some places a very strong argument, that bankruptcy courts do not have to defer to the administrative department.
exhaustion requirement and process before they can take and review a dispute with Medicare.
um you know those are the kind of things that i think uh private sector employ you know but medicare providers will have to argue if they get into this position um until the fifth circuit reviews that the rule right so and and the fifth circuit's going to have to clarify this because you know the way they parse this paragraph is there i mean i understand the legal point now but i i it is as a practical matter difficult um
Okay, so let's switch and talk about another issue near and dear to my heart and the Medicare program.
So those of you who are health lawyers know that to bill Medicare, a hospital, skilled nursing facility, whatever, provider needs to enter into an agreement called a provider agreement with Medicare.
You do the same thing to enter into the Medicaid program.
These, the, well,
the Medicare provider agreement outside of bankruptcy for certainly the whole 30, 40 years I've been involved in this field.
Showing 41–60 of 228 · page 3 of 12
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