July 31 (Reuters) - Massachusetts could face a "public
health crisis" if bankrupt Steward Health Care cannot quickly
complete a sale of six hospitals, an attorney for the state said
Wednesday.
Steward has binding purchase agreements in place for all six
properties, but the sale has been delayed by a dispute between
Steward and its landlords, Medical Properties Trust ( MPW ) and
Macquarie Asset Management, a lawyer representing the office of
attorney general and other state agencies said at a U.S.
bankruptcy court hearing in Houston, Texas.
Massachusetts is offering $30 million in funding to ease the
transition of Steward's six remaining hospitals in the state,
but will not provide any of those funds until sale agreements
are finalized for the six hospitals, said Hugh McDonald of
Pillsbury Winthrop Shaw Pittman.
"The parties have to stop the brinksmanship," McDonald said.
"They have to come to the table, and they have to make a deal."
Steward announced the closure of two Massachusetts hospitals
last week, and it is working to transition the six remaining
hospitals in the state to new owners.
The company, which filed for bankruptcy protection in May,
is attempting to sell all its hospitals to address $9 billion in
debt. Before the announced closures, Steward operated 31
hospitals in eight states.
Steward's attorney, Ray Schrock of Weil, Gotshal & Manges
agreed that the company is running out of time to transition the
Massachusetts hospitals, and said at the hearing that it is
working "overtime" to get its landlords and their lenders to
agree to let new buyers take over the hospitals.
A major sticking point in those talks is how the money from
the sale would be divided between Steward, which owns the
hospitals themselves, and MPT and Macquarie, which bought the
land from Steward.
MPT is a landlord on many of Steward's 25 other hospitals
throughout the U.S., and the dispute about how to divide assets
between MPT and the company's other creditors looms over the
company's entire bankruptcy, Schrock said.
"We can't have all of the value swallowed up unfairly and in
a disproportionate way by the real estate," Schrock told U.S.
Bankruptcy Judge Christopher Lopez, who is overseeing the case.
Lopez on Wednesday allowed Steward to close Carney Hospital
in Boston and Nashoba Valley Medical Center in Ayer,
Massachusetts.
Lopez said he did not make the decision lightly, but he said
that ongoing financial losses at Carney and Nashoba could
imperil the operation of Steward's other hospitals. Lopez has
appointed two independent watchdogs to ensure that patient care
does not suffer during Steward's bankruptcy.
MPT has said that it needs to have a buyer for its real
estate or long-term leases in place with the new hospitals
owners as part of any sale. Many of Steward's hospitals would be
losing money even if they paid no rent, and in many cases the
land is worth more than the hospital operations, MPT has said in
court filings.
Steward will be back in court on Aug. 6, and it hopes to
finalize the Massachusetts sales for court approval by that
date.
The case is In re: Steward Health Care System LLC, U.S.
Bankruptcy Court for the Southern District of Texas, No.
24-90213
For Steward: Ray Schrock of Weil, Gotshal & Manges
For Massachusetts: Hugh McDonald and Andrew Troop of
Pillsbury Winthrop Shaw Pittman
For MPT: Emil Kleinhaus of Wachtell, Lipton, Rosen & Katz
Read more:
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discloses $9 bln in debt
Bankrupt Steward Health to close two Massachusetts hospitals
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