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Waltz, Haake Quoted on Provider Agreement Dispute

06 June 2017 Bloomberg BNA
Partner Judy Waltz and Jack Haake were quoted in an article, “Supreme Court Ends Nursing Home Provider Agreement Dispute,” covering the outcome of the Supreme Court’s decision to not stop Medicare and Medicaid provider agreements to companies going bankrupt.

Haake explained that “the practical outcome of the Supreme Court’s decision is that bankruptcy courts in the Eleventh Circuit are bound by precedent established by the Eleventh Circuit that they do not have jurisdiction over termination of provider agreements where administrative remedies have not been exhausted.”

Waltz seconded Haake’s statement and also explained, “that may be a significantly different jurisdictional analysis from a situation involving more traditional bankruptcy issues like a dispute over a claim or dispute over a collection mechanism in bankruptcy.”