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.

Trend

recordings per month · last 12 months

Recordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.

Appearances

newest first · ▶ plays the moment

AHLA's Speaking of Health Law · Distressed Health Care Providers—Key Restructuring Issues for 2026 · 14 Jul 2026 podcast

That is set off because they don't arise out of the same statutory rules.

They're not recoupment because they don't fall in the same occurrence or transaction rubric.

Did I get that right, Augie?

I think it leads to- Yeah, Augie's point about the Third Circuit is important because, first of all, lots of companies are incorporated in Delaware.

Delaware's in the Third Circuit.

So if this is the issue for your provider and they are incorporated in Delaware, even if they don't do business there under the bankruptcy code,

Even if the only connection they have with Delaware is they're incorporated in Delaware, they can still file bankruptcy in Delaware.

And the Third Circuit ruling is important because as a practical matter, certainly on fee for service overpayments,

the government's hardly ever, you know, offsetting within the same cost report year.

So it's almost always a couple of year lag where they're offsetting alleged overpayments that occurred two or three years ago from this year's stream of payments.

That means in the Third Circuit, that would be subject to the automatic stay.

So there is a huge, it is a huge issue if you can get jurisdiction in Delaware, Third Circuit, Philadelphia,

Delaware.

Before we wrap up, we want to talk about suspension of Medicare and Medi-Cal payments.

So those of you in the industry, you understand that particularly if there's a credible allegation of fraud, and the word credible being in quotation marks, because it doesn't take a lot to meet the standard of a credible allegation of fraud under the

program guidelines for False Claims Act, the government and the fiscal intermediaries, the BACs and the UPICs, they can suspend payments while they investigate.

And sometimes in my experience,

But it's, you know, shoot first and ask questions later.

So you'll see 100% suspension of payments to a provider that's 90% dependent on Medicare while they figure out whether there's fraud or not.

And the bankruptcy courts can provide a helpful alternative here.

Showing 161–180 of 228 · page 9 of 12