Health Care

This panel will explore the 20-year ongoing opioid crisis in the pharmaceutical industry. The discussion will feature such opioid bankruptcy cases as Purdue and Mallinckrodt, and other recent rulings.

The health care industry in general, and hospitals in particular, have been severely affected by the COVID-19 pandemic in many respects. At its most basic level, the impact has been devastating financially. The American Hospital Association estimates that between March 1 and June 30, 2020, hospitals will have suffered financial losses of $202.6 billion, or approximately $1.66 billion per day. These losses affect all hospitals, whether they are part of large chains or are stand-alone nonprofits. Economists expect the result to be more financial failures, mergers and bankruptcy filings in an industry that was already in dire financial straits. The panelists will discuss several issues that have been pushed to the forefront by the recent decisions in Gardens Medical Center and Verity Health Systems.

This panel of legal experts will break down topical circuit-level and bankruptcy court rulings that are dividing circuits across the country.

This year's ABI Talks, presented in the style of the ever-popular TED Talks, will focus on four timely topics: The Rhetoric and Reality of Student Debt, Not Your Parent’s Loan, Energy in Bankruptcy, and Health Care in Bankruptcy.

Presented by the Health Care & Asset Sales Committees This panel will discuss various issues and challenges accompanying sales of health care assets, including factors to consider in determining whether or not a sale is the best alternative. Such factors include the role of regulatory authorities, political challenges, reimbursement issues, issues related to urban vs. rural facilities, the evolution of the health care business, and best practices in navigating such challenges.

Presented by the Commercial and Regulatory Law & Financial Advisors and Investment Bankers Committees This panel will present a primer on the U.S. pharmaceutical industry, focusing on the typical capital structures of pharmaceutical/development companies versus in-pipeline companies. The panelists will examine the factors leading to the recent surge in pharmaceutical bankruptcy cases and their outcomes/resolutions, as well as § 363 sales of pharmaceutical companies’ assets and restructurings. Opiate bankruptcy cases such as Purdue and Mallinckrodt will be highlighted, as will ancillary issues that arise in pharmaceutical bankruptcy cases, such as product recalls, regulatory issues (such as with the FDA) and IP licensing issues.

This panel will provide an analysis of the current levels of financial distress across the hospital, skilled-nursing and home-health sectors using various measurements, including distributions by state.

Sponsored by: ToneyKorf Partners, LLC Join our panel of experts as they discuss the short and long term impact and implications of COVID-19 on current and future hospital financial stability. ToneyKorf's pandemic impact mitigation strategy tool will be discussed as a way that can provide a more precise, data-driven projection of changes to hospital finances. Panelists will also explore the range of recovery and restructuring strategies to bring stability to the uncertain financial future created by this pandemic.

Join experts in the health care insolvency field as they discuss a host of issues looming for the industry due to the fallout from the ongoing pandemic, factoring in the current landscape for providers, Polsinelli's Distressed Health Care Index, and the sectors that have been most affected thus far and in what ways. As the country begins to reopen, what might the "new normal" for providers look like, and how long is it likely to last? How might the financial and operational performance of companies be altered, and what legal strategies can be employed to ensure viability? How will all of the above impact lenders, landlords, and vendors, and how are the CMS advances provided by the government different from other sources of relief? Finally, how are health care businesses preparing for the next COVID-19 cycle in light of the virus's likely resurgence in the fall, and can we expect a second wave of shutdowns? Hear about these matters and more as the industry braces for change in the coming months.

This session will provide insight into the healthcare dealmakers’ perspective across the health services spectrum. We’ll hear from strategic buyers, private equity and institutional capital regarding current deal metrics, capitalization requirements, various industry multiples and the impact the elections may have on deal making.