Nursing facility takes a creative path to skirt Medicare termination

Lawyers' Forum

By Randall R. Fearnow and Jaya F. White

Randall R. Fearnow is a partner in the health law group at Quarles & Brady LLP, where he chairs the long-term care and Chicago health law groups.

Jaya F. White is an associate in the health law group at Quarles & Brady, practicing in long-term care matters.

Posted February 19, 2015 2:49 PM

Long-term care providers may have a new avenue to stave off financial collapse when faced with a proposed termination by the Centers for Medicare and Medicaid Services (CMS) — protection and reorganization under Chapter 11 of the Bankruptcy Code. That strategy will likely prove to be a tough row to hoe if pursued in federal court here, though. This interesting development stems from a recent decision in the U.S. Bankruptcy Court for the Middle District of Florida involving a 159-bed skilled-nursing facility …

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