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*Much of this article appears in Chapter 157 in Norton Bankruptcy Law and Practice 2d
published by the West Group and appears with their permission.
| I. INTRODUCTION | 1 |
| II. HOSPITAL GOVERNANCE | 1 |
| A. Health Maintenance Organizations | 2 |
| B. Non-Profit and Municipal Hospitals | 3 |
| IV. MEDICARE AND MEDICAID | 3 |
| A. Reimbursement | 3 |
| B. Antikickback and Anti-Referral Laws | 6 |
| V. JURISDICTION OVER MEDICARE DISPUTES | 7 |
| VI. RECOVERY OF MEDICARE AND MEDICAID OVERPAYMENTS | 12 |
| VII. RECOUPMENT AND SETOFF BY PRIVATE PAYORS | 16 |
| VIII. BANKRUPTCY CODE SECTIONS SPECIFICALLY ADDRESSING ISSUES ARISING IN BANKRUPTCIES OF HEALTH CARE BUSINESSES | 17 |
| IX. REAL PROPERTY LEASES WITH HEALTH CARE PROVIDERS | 18 |
| A. Lessor's Rights Upon Termination of a Hospital Lease | 19 |
| B. Conditions Under Which a Health Care Building Lease Need Not be Assumed Within 60 Days of the Commencement of the Bankruptcy Proceeding | 20 |
| C. Assumption of a Lease that was Assigned Pre-Petition | 20 |
| D. Enforceability of Cross-Default Provisions in Multiple Leases | 20 |
| X. TRANSFERS OF HEALTH CARE PROVIDER ASSETS | 22 |
| A. Hill Burton Obligations | 23 |
| B. Licenses and Regulatory Approvals | 23 |
| C. Antitrust Considerations | 24 |
| D. Medicare and Medicaid Reimbursement on Sale | 28 |
| XI. CONCLUSION | 28 |
