Practice Expertise

  • Health Care Law
  • Insolvency & Financial Law Group
  • Commercial Finance
  • Corporate Law

Areas of Practice

  • Commercial Finance
  • Corporate Law
  • Health Care Law
  • Insolvency & Financial Law Group
  • Real Estate
  • View More

Profile

Mary H. Rose is a Shareholder in both the firm’s Insolvency and Financial Solutions Group and the Health Care Group. In addition to healthcare and business transactions, she has extensive experience in bankruptcy, insolvency, lending and creditors’ rights matters.

In the healthcare area, Ms. Rose represents hospitals and lenders to hospitals and other healthcare businesses. She has handled a broad variety of healthcare transactions, including hospital acquisitions, loans and debt restructurings, factoring of healthcare receivables, and general corporate and real estate matters.

Ms. Rose’s bankruptcy and insolvency experience, spanning a variety of industries, includes representation of asset purchasers, lenders, creditors’ committees, individual creditors, and debtors in bankruptcy and reorganization cases, out-of-court debt restructurings and liquidations. She also represents both lenders and borrowers in secured and unsecured credit facilities, loans and debt restructurings, secured transactions, and accounts receivable factoring transactions.

Ms. Rose has also been recognized in the Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Health Care Law,  for 2023 & 2024.

Bar Admissions

  • California
  • New York
  • New Jersey

Education

  • NYU School of Law
  • Brown University

Areas of Practice

  • Commercial Finance
  • Corporate Law
  • Health Care Law
  • Insolvency & Financial Law Group
  • Real Estate

Professional Career

Significant Accomplishments

Hospital Bankruptcies

  • Acquisition of free-standing facilities and multi-state groups of long term acute care hospitals (LTACH’s), short term acute care hospitals (STACH’s), and skilled nursing facilities (SNF’s) in Chapter 11 cases in California and Delaware.
  • Representation of stalking horse bidders and overbidders for short term and long term acute care hospitals, skilled nursing facilities and outpatient facilities in Chapter 11 cases in California, Arizona and Texas.
  • Representation of providers of debtor-in-possession financing to hospitals in multiple Chapter 11 cases.
  • Representation of secured creditor in adversary proceeding against HHS regarding Medicare cost report setoffs.

Hospital Acquisitions

  • Acquisition of downtown Los Angeles hospital involved in skid row Medicare and Medi-Cal fraud scheme in violation of the False Claims Act.
  • Acquisition of two financially troubled St. Louis hospitals.
  • Acquisition of Los Angeles and San Diego hospitals and conversion to long-term acute care hospitals.

Healthcare Finance

  • Representation of secured lenders to hospitals.
  • Representation of bank lender in term loan to non-profit general acute care hospital insured by California Office of Statewide Health Planning and Development (OSHPD).
  • Representation of factor in accounts receivable factoring facilities for general acute care hospitals.
  • Negotiations with California Department of Health Care Services regarding Hospital Quality Assurance Fee (HQAF) and Disproportionate Share Hospital (DSH) payments.

Real Estate Matters

  • Representation of borrowers in workouts of loans secured by deeds of trust against hospital properties.
  • Purchase and sale of hospital real properties.
  • Negotiation of hospital and medical office building (MOB) leases.




Articles

  • UPDATE: Advice to Landlords Holding Letters of Credit Issued by Silicon Valley Bank, and Landlords Where Silicon Valley Bank is a Tenant
  • Health Care Providers Who Missed a Provider Relief Fund Report Deadline Can Now Seek an Extension Due to “Extenuating Circumstances”
  • So Many Troubled California Health Care Districts, So Many Have Filed Chapter 9 – Lessons To Be Learned
  • California Senate Passes Bill Granting the Attorney General Authority To Review Health Care Acquisitions and Changes of Control
  • Reining in the California AG in the Sale of a Nonprofit Hospital
  • Healthcare Finance and the Anti-Assignment Provisions of Medicare and Medi-Cal
  • What the Medicare, Medicaid Anti-Assignment Provisions Really Mean
  • Book Review of “American Factoring Law”
  • Buying a Distressed Hospital Out of Bankruptcy

Blogs

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