“The Medicare Provider Agreement: Is It a Contract or Not? And Why Does Anyone Care?” The Business Lawyer
Columbia partner Jody A. Bedenbaugh discusses the conflicting positions the U.S. government takes regarding whether the Medicare Provider Agreement is an executory contract in and outside of bankruptcy court. He examines whether the government’s positions can be reconciled and if the government should be barred by preclusion and estoppel principles from asserting in bankruptcy court that a Provider Agreement is an executory contract. ABA members may click here to read the full article.