Update On Consulate Healthcare’s Legal Affair
In major news for the skilled nursing industry, the $347.86 million judgment against affiliates of Consulate Healthcare was vacated in its entirety by the United States District Court, Middle District of Florida earlier this week. This was basically a Medicare “fraud” case. The judge ruled that the plaintiff’s assertions that a “handful of paperwork defects (for example, unsigned or undated documents) compel the decisive inference that the defendants never provided the therapy evidenced by the paperwork and billed to Medicare” was just plain wrong. To boot, the government continued to pay the defendant even though the government knew there were some disputes between the two sides regarding... Read More »
Quality Care Properties and HCR ManorCare One Step Closer
While the financial deterioration of HCR ManorCare continues, at least there was some good news in the past few weeks that may result in an agreement between it and its landlord, Quality Care Properties. Apparently, the DOJ has filed a notice to dismiss its case against HCRMC which was filed in April 2015 relating to alleged false claims for Medicare reimbursement. The consensus had been that HCRMC should just settle because the legal costs were high and it is often very hard to win against the government. But the ManorCare half of the company was well known back in the early 2000s for rarely settling liability claims from the drive-by trial attorneys, especially in Florida, so many of... Read More »
Legacy Tenant Capital Structures Create REIT Turmoil
It all started when HCP, Inc. completed a series of rent negotiations with HCR ManorCare, but to no avail. It just wasn’t enough for a long-term solution, and they ended up spinning the HCRMC portfolio into a new entity (Quality Care Properties) that was supposed to be a REIT but may end up not being one depending on the final solution. Even after those lowered rents, HCRMC defaulted on some payments to QCP, and it got messier after that. As everyone now knows, that was the tip of the iceberg. Practically every major REIT has reported “issues” with tenants, ranging from covenants broken, inability to make rent payments, and high likelihood of not being able to make rent payments in the... Read More »Quality Care Properties Seeking Receiver for HCR ManorCare
Quality Care Properties is taking its issues with HCR ManorCare (the lack of full rent payments) one step further. Late yesterday QCP announced that it is initiating a legal process to appoint an independent receiver to oversee the operation of the skilled nursing and assisted living properties that it owns which are leased to HCRMC. Apparently, the two companies had previously agreed that QCP would have the right to appoint a receiver to operate the properties if HCRMC defaulted on the leases. That default has already occurred. Assuming the California State Court appoints a receiver, QCP plans to start transitioning the properties to new owners and operators. They believe there will... Read More »Schedule a demo
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