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 can't transfer it nonetheless without curing existing defaults, basically without adhering to the requirements, which basically means you have to take successor liability.

Augie, am I getting your new strategy correct?

I mean, like jurisdiction, this is an area where, you know, we've made good arguments and the government's come up with responses.

And this, as Augie described it, is a really pragmatic approach.

What they're saying is, look, we don't want to litigate this.

So let's just reach a economic solution that solves the buyer's problem of unknown liability.

So if you're five years behind in your cost reports being audited, which is not impossible at all,

you know, the buyer doesn't have to worry that they've got five unaudited cost report years, all of which might disclose huge overpayments so that the purchase price of the hospital wasn't really $100 million.

It was really $150 million.

And this pragmatic solution the government's offered in Steward was, look, let's just pick a number that we can all live with.

And that will be your, we will fix your risk

for that year.

And that escrow can either be fixed for the whole five years or 20%.

Sometimes it's 20% of the escrow amount goes back.

If it doesn't go to the government, it goes back to the buyer at the end of the first year when the first cost report's audited.

There's lots of different ways it can be adjusted, but it gives the buyer some certainty.

And I can tell you it does work

I represented the buyer of a hospital out of the Stewart case.

The escrow amount was fixed at zero in that case, which was a good number.

Subsequently, there was a suspension of payments because the seller had not filed their closing cost report.

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