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    Iowa insurance Commissioner petitions for liquidation of Iowa/Nebraska CO-OP; how financially sound are others?
    2015-02-04

    The Iowa Commissioner of Insurance (the “Commissioner”) filed a petition, on January 29, 2015, seeking to liquidate CoOpportunity Health, Inc. (“CoOpportunity”), a Consumer Operated and Oriented Plan (“CO-OP”) established under the Affordable Care Act (“ACA”) that has sold health insurance on the Iowa and Nebraska Exchanges.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Foley & Lardner LLP, Affordable Care Act 2010 (USA)
    Authors:
    C. Frederick Geilfuss II , Kevin G. Fitzgerald , Morgan J. Tilleman
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Health care sector creates challenges for distressed providers, opportunities for others
    2015-01-27

    In 2014, the health care industry continued to see a high level of M&A activity, with announced transactions approaching $440 billion globally by the end of November. In the United States, consolidation continues to occur in the hospital and health care services subsector, often involving distressed health care providers. For many distressed providers — often small and midsized hospitals and hospital systems — acquisition by a financially strong counterparty is the only way to survive.

    Filed under:
    USA, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Skadden Arps Slate Meagher & Flom LLP, Debtor, Affordable Care Act 2010 (USA)
    Authors:
    Felicia Gerber Perlman
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Healthcare providers face increasing financial pressure and bankruptcy risk
    2014-06-12

    The health of the healthcare industry can be summarized as follows: as go federal reimbursement rates, so goes the financial viability of healthcare providers, whether hospitals, nursing homes or medical practices.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, BakerHostetler, Bankruptcy, Debtor, Credit rating, Affordable Care Act 2010 (USA)
    Authors:
    Marc E. Hirschfield , Marc Skapof
    Location:
    USA
    Firm:
    BakerHostetler
    In re A&F Enterprises, Inc., II has something in common with the Little Sisters of the Poor
    2014-02-10

    The power of an appellate court in the federal system to stay the orders of lower courts or to enjoin conduct that lower courts have refused to enjoin, so as to preserve the appellate court’s jurisdiction to review those orders on ultimate appeal, is clearly established yet infrequently invoked. In addition to other potential sources, the power derives from the All Writs Act, 28 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Injunction, Federal Reporter, Affordable Care Act 2010 (USA), Seventh Circuit, Tenth Circuit
    Authors:
    Thomas L. Shriner Jr
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    U.S. Supreme Court rules the individual mandate is constitutional and limits Medicaid expansion laws
    2012-06-28

    The decision we've all been waiting for is in -- the U.S.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Tax, Squire Patton Boggs, Medicaid, Affordable Care Act 2010 (USA), Supreme Court of the United States
    Authors:
    Emily E. Root
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Did the Bankruptcy Code save Obamacare?
    2015-07-17

    Over the years, the United States Supreme Court has had to interpret ambiguous, imprecise, and otherwise puzzling language in the Bankruptcy Code, including the phrases “claim,” “interest in property,” “ordinary course of business,” “applicable nonbankruptcy law,” “allowed secured claim,” “willful and malicious injury,” “on account of,” “value, as of the effective date of the plan,” “projected disposable income,” “defalcation,” and “retirement funds.” The interpretive principles employed by the Court in interpreting the peculiarities of the Bankruptcy Code were in full view when the Court r

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Affordable Care Act 2010 (USA)
    Authors:
    Brian C. Walsh
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Did Justice Thomas foreshadow the downfall of Obamacare in Baker Botts?
    2015-06-16

    By no means do we think that we might reliably predict the outcome of such a politically charged case as King v. Burwell, No. 14-114, the latest challenge to the Affordable Care Act.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Concurring opinion, Affordable Care Act 2010 (USA)
    Authors:
    Eric G. Pearson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    U.S. Supreme Court rules the individual mandate is constitutional and limits Medicaid expansion laws
    2012-06-28

    The decision we've all been waiting for is in -- the U.S.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Tax, Squire Patton Boggs, Medicaid, Affordable Care Act 2010 (USA), SCOTUS
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The year in bankruptcy 2013
    2014-01-22

    The eyes of the financial world were on the U.S. during 2013. The view was dismaying and encouraging in roughly equal parts. The U.S. rang in the new year with a post-last-minute deal to avoid the Fiscal Cliff that kicked negotiations over "sequestration"—$110 billion in across-the-board cuts to military and domestic spending—two months down the road, but raised income taxes (on the wealthiest Americans) for the first time in two decades. 

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Jones Day, Affordable Care Act 2010 (USA), US Department of Justice
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day
    Did the Bankruptcy Code save Obamacare?
    2015-07-17

    Over the years, the United States Supreme Court has had to interpret ambiguous, imprecise, and otherwise puzzling language in the Bankruptcy Code, including the phrases “claim,” “interest in property,” “ordinary course of business,” “applicable nonbankruptcy law,” “allowed secured claim,” “willful and malicious injury,” “on account of,” “value, as of the effective date of the plan,” “projected disposable income,” “defalcation,” and “retirement funds.” The interpretive principles employed by the Court in interpreting the peculiarities of the Bankruptcy Code were in full view when the Court r

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Affordable Care Act 2010 (USA)
    Authors:
    Brian C. Walsh
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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