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
Recoupment is where the offsetting obligations arise out of the same transactions.
think the same contract relationship.
Set-off is tightly controlled under the bankruptcy code.
Section 553 has really significant limits on parties' ability to exercise the right of set-off.
Those rights apply to Medicare and Medicaid, those limits.
The problem is circuit courts have uniformly said that Medicare's offsetting rights are, in fact, rights of recoupment,
And for reasons which are inexplicable to bankruptcy lawyers, the Supreme Court has long held that recoupment is not subject to the automatic stay in bankruptcy and is a wild card in bankruptcy.
So the government's rights of recoupment are pretty much well respected here.
And there's not a lot of ongoing litigation.
Where we see more litigation here is where
Usually the state, state governments have tried to expand on this.
So they're not offsetting Medicaid fee for service payments against prior overpayments for fee for service.
But what they're, because there's all these ancillary payment streams, right?
There's provider taxes.
We'll use that term.
I don't think they really are a tax under the bankruptcy code, but I think that's the colloquialism.
You know, disproportionate share payments.
There's a lot of other ways that state Medicaid programs funnel money to hospitals or skilled nursing facilities.
And they have tried to assert that offsetting between fee-for-service payments and those provider payments
Assistance payments are also recoupment, and the two circuit courts have addressed it, the 7th and the 9th, and both have held that's a bridge too far.
Showing 141–160 of 228 · page 8 of 12
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