Prospect Medical Holdings' debt in Connecticut alone is nearing half a billion dollars, and the hospital operator spent this week deluged by creditors' new court filings as its bankruptcy case winds down.
As the deadline to register opposition to Prospect’s latest Chapter 11 plan neared, objections were streaming into the online court record, with more than 40 filed on Wednesday alone.
The stepped-up legal activity reflects the state of Prospect’s finances after nearly nine months have passed since the hospital operator filed for bankruptcy, with the likelihood dwindling that its thousands of creditors will see much money as losses mount and its hospital sales nationwide lag.
Sales are finally moving forward In Connecticut, where Prospect’s Manchester Memorial and Rockville General attracted an $86 million minimum bid last month from Hartford HealthCare, with an auction scheduled for October 22. UConn Health announced last month that it was interested in making a $13 million bid for Waterbury Hospital, but nothing had been officially filed as of publication time.
As the bankruptcy process enters its tenth month, creditor activity has stepped up and taken up more bankruptcy court bandwidth. As part of its bankruptcy filing on January 11, Prospect reported debts totaling between $1 billion and $10 billion and more than 100,000 separate creditors.
Prospect currently owes $257 million to the Connecticut Department of Revenue Services, according to the bankruptcy court’s Proof of Claims docket, an online record of creditor filings. Of that total, $148 million was classified as “secured,” or debt backed by collateral.
Add to that the more than $200 million owed by the three hospitals in delinquent property taxes from cities and towns, unpaid utility bills and overdue invoices, and the hospital chain’s tab in Connecticut rises to at least $457 million in debt.
That’s not counting the amounts owed to entities like the Connecticut Hospital Association, which has filed a lawsuit in state court over the at least $724,715.58 it claims Prospect owes in unpaid dues.
Other creditors include unionized workers at all three of the company’s Connecticut hospitals, who are facing the potential of unfunded pensions as Prospect fails to pay in its promised share. After filing liens against Prospect last year for underfunding the Eastern Connecticut Health Network Inc. Pension Plan by $4 million, the federal Pension Benefit Guaranty Corporation filed several more liens this summer relating to a Waterbury Hospital pension plan for technical workers.
In total, the Pension Benefit Guaranty Corporation has claims against Prospect totaling $386 million, according to the claims record.Also seeking relief are companies like Bobcat of Connecticut, an East Hartford equipment-rental business that has filed a claim for $8,453.76 against Prospect Manchester Hospital.
Connecticut Radio Inc. of Rocky Hill, says it is owed $2,510.16 for portable radios and batteries ordered by several Prospect hospitals.
Deadline unleashes flood of objections
This week’s court rush was prompted by the deadline to register objections to Prospect’s revised Chapter 11 plan, an important part of the bankruptcy process.
“In light of the considerable uncertainties surrounding the sale processes for the Debtors’ remaining 10 hospitals, the obvious question is why are the Debtors rushing towards plan confirmation?” the medical software companies’ lawyers asked in an objection filed on Wednesday.
Objections to the plan have also come in from groups of patients who have filed malpractice lawsuits, reinsurance companies, a water company and a group of Connecticut landlords seeking assurance that Prospect’s rents will be paid.
Classes of debtors impacted by Prospect’s bankruptcy will have a chance to vote on the Chapter 11 plan and send it to the judge for final approval, said Matthew Beatman, a bankruptcy expert and partner at Bridgeport firm Zeisler & Zeisler.
If creditors reject a debtor’s plan, “you’ve got to go back to the drawing board, and maybe that the court will consider giving you more time to do it,” Beatman said. Total failure to complete a plan can result in the liquidation of a company, he added.
Regardless of the standing of creditors like states, cities and towns, the bulk of Prospect’s assets will likely go to Medical Properties Trust, the Alabama-based company that owns the land underneath the hospitals. In addition to controlling Prospect’s real estate and providing millions in earlier loans, MPT has also lent the hospital operator at least $135 million since the bankruptcy to keep its operations afloat.
When Prospect struck a deal with Yale New Haven Health in 2022 to sell the three Connecticut hospitals for $435 million, MPT laid claim to $355 million of that sum as repayment of its investment, according to a company statement at the time. When the deal fell through and Yale agreed to a $45 million walk-away fee last month, MPT claimed the entire total as partial repayment of its recent loans.
Due to the high amounts of liens and tax liabilities often involved, health-care bankruptcies often result in low returns for creditors, Beatman said. Hospitals or other vital health-care businesses operating a loss also tend to rack up more debt after filing for bankruptcy — like MPT’s loans — which gets sent to the front of the line for repayment under deals struck as part of the financing.
“If these entities have been losing money for quite some time, it makes a realistic dividend somewhat difficult,” Beatman said.
Union creditors hope for sales progress
Connecticut taxpayers may see the state’s debts leveraged, however, as part of UConn Health’s bid to buy Waterbury Hospital. The $13 million bid price disclosed by the UConn Board of Trustees likely comes as part of a package that would see some state and local debt forgiven, according to lawmakers and union leaders who have seen the sale proposals.
Waterbury Hospital union members whose pensions have been underfunded are currently focused on making sure another private-equity-backed firm like Prospect doesn’t buy Waterbury Hospital, said Dave Hannon, president of the Connecticut Health Care Associates District 1199.
Hannon, who also serves as chairman of the Unsecured Creditors Committee as part of Prospect’s bankruptcy proceeding, was speaking in his post as a union leader.
MPT’s role in the bankruptcy threatens to squeeze out many creditors, Hannon said. “They are going to make out here, right? And everyone else is going to fight over scraps. And that’s the way these private equity-leveraged hospital system bankruptcies go.”
Exhausted by years of uncertainty and the aborted deal with Yale, union members are reluctant to celebrate UConn’s planned bid too soon, Hannon said.
“At this point, we’ve had a lot of false starts,” Hannon said. “I think they’re cautiously optimistic. I’m probably a little more optimistic.”
Liese Klein is a reporter with CT Insider focusing on the business of health care. She has covered business in Connecticut for 15 years and previously worked at The Hartford Business Journal, New Haven Biz, Business New Haven, the New York Daily News, the Asahi Evening News in Tokyo and the Miami Herald.