healthcare services

EHR PROVIDER – Expert Testimony Regarding whether Payments by a Bankrupt Health System to an EHR Provider During the Preference Period were made in the Ordinary Course of Business

Issues

  • A General Acute Care Hospital was in payment default under its agreements with the EHR Provider
  • The EHR Provider agreed to the debt repayment plan proposed by the Hospital, including daily and advance payments
  • After the Hospital filed for bankruptcy, the transfers made to the EHR Provider by the Debtor during the Preference Period were questioned

Approach

  • HMP was engaged to provide an opinion on whether the transfers made by the Debtor to the EHR Provider were consistent with industry norms and practices
  • HMP reviewed all agreements, communication concerning the workout process and transfers between the Parties
  • Compared terms of the Forbearance Agreement to those of similarly situated parties

Results

  • HMP opined that all transfers during the Preference Period were made in the normal course of business and were consistent with industry norms
  • Case settled favorably out of court
Scroll to top