18. Navigating the Danger Zone: Transactional Decisions for Hospitals in Distress


18. Navigating the Danger Zone: Transactional Decisions for Hospitals in Distress
Steven Clapp
Andrea M. Ferrari
Clevonne M. Jacobs

Throughout the United States, the number of hospitals facing financial distress has been on the rise. Distress typically brings with it certain transactional decisions, from changing or renegotiating with vendors to restructur­ing and/or affiliation in an effort to regain solvency, to dissolution and sale of assets. For any entity, but particularly one in distress, the decisions may involve some complex legal and regulatory questions, some of which may be questions of first-impression for the deal lawyers and stakeholders. Our panel will discuss several hypothetical and real-life case studies of transactional activities of hospitals in distress to explore: