Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Millennium Health LLC Preparing to File for Chapter 11 Bankruptcy Protection

Author: Joel R. Glucksman

Date: November 19, 2015

Key Contacts

Back

Millennium Health prepares for bankruptcy

On Oct. 19, Millennium Health LLC, the largest U.S. drug-testing lab, announced that it had prepared to file for Chapter 11 bankruptcy protection by Nov. 10. According to a Bloomberg report, Millennium Health’s decision to seek bankruptcy protection came after it reached an agreement to pay a $256 million settlement to resolve claims made by the federal government that the company misrepresented the need for certain drug testing procedures and offered doctors gifts in exchange for company referrals.

Millennium Health falls into debt over federal government investigations

The company has been involved in federal investigations for over four years, which have tied up its finances and substantially hindered its future earnings outlook as a result. According to a Wall Street Journal report, Millennium Health has been in negotiations to hand over control of the company to its senior lenders throughout the federal investigations. In turn, the company’s creditors have been embroiled in their own fights against one another to determine how much each is owed and how much each will receive in Millennium Health’s shares. Until these financial terms are agreed upon, Millennium Health may not be able to produce an agreed restructuring plan, which could delay its filing for Chapter 11 bankruptcy protection.

The federal government’s case against Millennium Health

The federal government investigations against Millennium Health involved allegations that the company inaccurately billed the Centers for Medicare & Medicaid Services. The case was filed in 2014 by the federal government, as well as 29 states and the District of Columbia, while Omni Healthcare Inc. was also was named as a plaintiff. According to the Wall Street Journal, the case was filed against Millennium Health over allegations that it violated the False Claims Act by requiring doctors to order urine, drug and genetic testing that was deemed unnecessary. The federal government alleged that the company misrepresented to doctors the necessity of a $1,800 genetic test for pain management patients. Further, the government also accused Millennium Health of offering free urine drug testing cups to doctors so that the physicians would return the urine to the company for hundreds of dollars of free testing, which violates the Stark law and anti-kickback statute.

Millennium Health’s reorganization plan calls for handing over control

As part of its debt restructuring proposal, Millennium Health plans to hand over control of the company to its senior lenders. According to Bloomberg, the company also plans to reach agreement with its lenders on its $1.8 billion term loan, and sent a copy of the restructuring proposal to the U.S. Department of Justice.

In turn, as part of the settlement, Millennium Health must pay its founder James Slattery and TA Associates, its majority shareholders, $50 million. This number is based on the proportion of equity each entity owns in Millennium Health.

The company’s creditors are also required to vote on the proposed bankruptcy plan by Nov. 8. This decision on the company’s Chapter 11 reorganization plan would be confirmed by Dec. 21. Following this decision, Millennium Health would pay the federal government’s $256 million settlement on Dec. 30.

Are you a creditor in a bankruptcy?  Have you been sued by a bankrupt?  If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"
The Due Diligence Process for NY Condominiums and Cooperatives post image

The Due Diligence Process for NY Condominiums and Cooperatives

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]

Author: Jesse M. Dimitro

Link to post with title - "The Due Diligence Process for NY Condominiums and Cooperatives"
Smart Contract Legal Issues: Drafting Agreements for Blockchain post image

Smart Contract Legal Issues: Drafting Agreements for Blockchain

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]

Author: Bryce S. Robins

Link to post with title - "Smart Contract Legal Issues: Drafting Agreements for Blockchain"
Are Stay Interviews the Key to Retaining Top Talent? post image

Are Stay Interviews the Key to Retaining Top Talent?

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]

Author: Angela A. Turiano

Link to post with title - "Are Stay Interviews the Key to Retaining Top Talent?"
Why Secured Transactions Are Important post image

Why Secured Transactions Are Important

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]

Author: Dan Brecher

Link to post with title - "Why Secured Transactions Are Important"
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications post image

Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]

Author: Dan Brecher

Link to post with title - "Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!