Interesting new twist in The villages Health ongoing bankruptcy case
 

It was disclosed in an article earlier today, published by The Central Florida Public media, that the DIP financing in this case was provided by a company called PMA Lender LLC. According to Federal Reserve documents, PMA Lender LLC is a subsidiary of Citizens First Bank, the bank of The Villages. The anticipated sale of Citizens First to Seacoast Bank has been approved, and is scheduled to close around October first. Meanwhile, The Villages Health is pushing hard for the bankruptcy court to approve their sale to Centerwell, before the scheduled closing of the Citizens Bank/Seacoast acquisition, which would likely result in the DIP loan being repaid to PMA Lender LLC before the Bank merger closing. Up until this new news, the sales of both Citizens Bank and The Villages Health appeared to be two completely unrelated events. Now, there appears to be dots that could conceivably be connected between the two sales, especially given the somewhat suspicious timing between the two events and the push to expedite the sale by The Villages Health?

The objection filed with the bankruptcy court by United Healthcare highlights the seemingly suspicious insider DIP financing arrangement as not being a true arms length transaction, which could be motivated by not having to open up The Villages Healths financials to an independent third party and provide more transparency. In addition, Florida Blue and the U.S. Officials (on behalf of Medicare) have also filed objections for the court to consider.

Next Wednesday appears to be a big day in this case, as the bankruptcy court is scheduled to consider approving the sale. It would seem surprising for the judge to approve the sale without further discovery, given the objections filed with the court. Approving the sale at this point, without significant modifications, would effectively be dismissing the objections filed with the court. Should the court not approve the sale as proposed by the Villages Health legal counsel, the bankruptcy process could easily be drawn out for months, creating great uncertainty for the patients of The Villages Health and possibly have an impact on the Seacoast/Citizens First merger? Stay tuned, it could be a very interesting week ahead.

i am still suspicious of the bankruptcy. interesting to see how it plays out.

Wow. House of cards. Who is the genius behind the developer's financing wizardry, some former Enron guy??

any different than United Health Care's managed benefit program getting hacked, getting shut down for a week or more, stressing physician owned companies cash position by not getting paid timely, and United Health offering the physician groups bridge loans?

corporate predatory lending and predatory practices against non profit medical companies is a really poor image. . . but is happening all the time.

The TVH DIP financing is just an attempt at appearing to be an arm's length transaction, but its really not. . . its the developers monopoly of the CDD laws, and the reason why the original founder treated the owners very well with low cost beer at the town centers, looking for loyalists in government, and maintaining an appearance while picking your pocket. .

good luck to us!

Here is a link to the article cited in the original post:

The Villages Health gets ready to sell, but insurance companies are concerned

US CMS (Medicare) will be preforming more audits of MA insurers in the future. I expect more CMS clawbacks for unsupported MA risk claims made to the government. TVH is not an isolated case of clawbacks.

The writing below (link) from a healthcare technology consultant describes CMS’s new audit policy on MA plans and likely effects on medical providers such as TVH and on MA insurers such as United Healthcare and Florida Blue.

CMS Overhauls RADV Audits for 2025 | ChartRequest

For taxpayers, this is good.

Wise Move
 

The US government wants its money and caught this sale in plenty of time. Whether it is stopped or an injunction takes place the interests are known. There is a lot of money to recoup and if their was fraud, it needs prosecuted.

All of this is more likely a civil action by the US government rather than a criminal action. Don’t rely on television police shows for knowledge of federal statutes. Civil actions by the government generally go to recoup damages (e.g., monetary overpayments), penalties, interest, and perhaps fees. And maybe an injunction from doing business with the government for a certain time.

I expect this Chapter 11 bankruptcy case to move along promptly. No one wants a Chapter 7 liquidation.

Whether the government takes actions outside its potential money recovery in the bankruptcy case is anyone’s guess at this point.

Bankruptcy
 

Doctors are now starting to leave TVH. My husband's primary care doc just sent out a letter that he is leaving. My husband is now looking for his 5th doctor in the past ten years. Time to move to new practice that has some continuity. The previous 5 have all left TVH.

If Contact Changes
 

It will go through if the CONTRACT CHANGES. The loopholes for escape have to be closed for approval. Today’s government is all about clawing back funds. Count on this one to be an example and a chance for another press release about government efficiency.

IME, government will try to claw back money it isn't owed too!! I've seen it, and I've seen them lose instance after instance, if the institution toughs it out through the appeal process. IMO, this will be a document war. Do you have the paper to support the charge and less about the patient's condition that would justify the charge. Paraphrasing someone in a prior thread, just because they failed to properly document doesn't mean it didn't happen and wasn't needed, although that's exactly the way the government thinks.

Any reporting by any NPR agency needs special scrutiny.

I am surprised no-one has asked yet: What is "DIP" Financing? I hate unexplained initials....LOL...

It's been talked about on ToTV for weeks.

It's Debtor-in-Possession financing. It's financing (cash) necessary to continue operations, while the Bankruptcy case is pending.

Facts are facts

Not if they want to deny facts.

Fact is not one person on any public site has a clue what is going to happen. I guess it’s fun to speculate, but a guess is still a guess, no facts.

If one is clairvoyant, in TV there would have been a winner in FL last night, since that didn’t happen, no residents have an answer to how any of this will play out.

Since I could never change whatever outcome happens, trying to predict anything is just unless, needless waste of time for me.

Debtor In Possession

Try this!

What Is "dip" Financing?

:a20::a20::a20::a20::a20:

Hmm... originally bank sale was supposeto be 2026 Spring? Will be interesting.

For the reasons set forth in the Top Post above, there are a number of things that don't "smell right" about the actions that the Developer and its surrogates are taking related to (1) The Villages Health Bankruptcy, (2) loans affecting the Citizens First Bank merger and (3) Substantial amount paid for Pickleballs (over 7x internet retail costs for equivalent products). The Developer needs to operate in a squeaky clean manner so that it is above suspicion. Also, Law Enforcement (Police, Sheriff, FBI, SEC, etc.) needs to investigate to discern whether laws have been violated. The actions that The Villages are taking to prevent outside auditors from auditing their books is very suspicious and should be a flag to law enforcement who should consider obtaining warrants so that a thorough investigation can be conducted. If The Developer didn't violate any laws, such an audit would clear them of suspicion.

Where's Don Quixote when we need him?

Balls
 

I don't get the pickle balls reference, unless the developer sells pickle balls from another subsidiary company. :evil6:

Again, 100% on the mark---kudos

I haven’t seen skullduggery at this level since then.

This very interesting. I’m anxious to see what transpires this week!

I'm waiting for Jerry Fletcher.

Really???? You've seen it???? By all means, please share all the information you know that the rest of us have not yet been graced with. Or is that just another among hundreds of posts spouting out an uninformed opinion????

Bottom-line, how does this affect PATIENTS!

Uncertainty of getting paid may convince doctors / physicians leaving, and not getting replaced because of the penalty overhang.

New healthcare company may start taking medicare and get overwhelmed with local nonTV patients, crowding out villagers, reducing physician availability.


The CMS penalties may not get discharged through bankruptcy, and TVH just goes belly up financially. . without a buyer, thereby eliminating physician coverage.

Not sure of the probabilities of any of these potential outcomes, but the threat to TV patients, is that there will be not enough / adequate medical services for the entire population of retired / aging population. .

monopsony is never a good idea, as it raises the risk to the entire community if and when the monopsonistic employer leaves or go bankrupt without a replacement or increased competition. .

good luck to us in TV!

Generally, Bankruptcy sales are "asset sales", not the sale of a corporation. I'm far from an expert on Bankruptcy, but every business we've bought out of bankruptcy, were asset sales.

In this case, the anticipated "sale" came before the Bankruptcy, which may have influenced the Bankruptcy court, to continue down that road as a corporate sale ...which generally includes assets & liabilities.

It seems if the proposed sale were to transform into an asset sale, a lot of the issues go away. The liabilities don't attach to the sale and the proceeds are held by the Bankruptcy Judge, to be used as he determines.

As TV Health apparently has limited assets (essentially, only its patient base), it seems this would be a logical way to go.

The bankruptcy judge is in a difficult predicament in this particular case. On one hand, she doesn’t want to tank the sale and potentially leave 55k seniors up the creek without health care. On the other hand, they have an obligation to seriously consider the well thought out objections filed by the likes of the U.S. Government, Florida Blue, United Health Care, and other creditors. To further complicate matters, this case could set an important precedent for other high profile Medicare over billing cases in the future. Hopefully, the court can find a way to strike a delicate balance between the interests of the various parties involved, without significant collateral damage to the many innocent parties that could be effected by the resolution of this case. Stay tuned.

How does the new owner ensure that they will not be responsible for any liabilities?

Purchase assets, not stock.

We won't know until the dust finally settles. But I do have a concern for patient access

It's hard enough to attract physicians to work here. The only draw for younger physicians is the excellent Charter schools, or perhaps a parent that lives here. The rest are somewhat older doctors near the end of their career. And this whole issue looks like it is shaping up to be a war of picayune documentation criteria.

The documentation requirements are ridiculous to start with, overly complicated and somewhat vague. If CMS starts looking for crossed T's and dotted I's, it will drive the older docs into retirement---nobody wants to put up with that crap. The younger physicians might gravitate towards non-participation in the Medicare program completely, opting for concierge medicine instead. This will result in less physician services for a growing, elderly population. There are already many practices not accepting new patients and long waits to get appointments. Then, of course, it's the better physicians that fill up fast, leaving the "B" players as the only option. And btw, uninformed social media attacks just fuel the problem. Nobody shouting "fraud" or "crooks" is helping the problem. Let's see what happens tomorrow, but that probably won't be the end of this. Remember, CMS is not interested in your health---it's a bureaucracy run by bureaucrats, all with the ambition of making a name for themselves so they can become a bigger fish in the bureaucratic pond.

There are probably multiple non bankruptcy "normal" lawsuits {ie malpractice, slips/falls etc) against Village Health. Who "owns' them? Can the bankruptcy judge dismiss those and any pending suits?

I’ve thought they were related from the beginning. Developers are unloading what they can.

Are they??? “Unloading what they can”??? Thank you for providing the “facts” learned from sitting in on the Morse family strategy meetings. Looking forward to the next tidbit 😂😂😂

There was another medical malpractice suit agains TVH, mentioned in today's newspaper.
No, a Bankruptcy judge cannot simply dismiss pending lawsuits, he can however, manage the Bankruptcy to address pending actions.