Keeping Up with the Times: A Proposed Change to Medicare and Medicaid Non-Assignment Clauses for Secured Financing



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Texas Tech Business & Bankruptcy Law Journal


This article discusses how the Uniform Commercial Code (UCC) has evolved to include healthcare insurance receivables, while leaving out Medicare and Medicaid payments. Next, the article discusses the effects of secured financing and the impact of the Affordable Care Act (ACA) on secured lending. The article also discusses why the laws have evolved the way they have and introduces some ways in which those laws could change to increase financing options for healthcare providers. Finally, the article concludes with a discussion of how the ACA will affect healthcare providers and commercial lenders with regard to secured lending and analyzes potential changes to non-assignment laws.



Uniform Commercial Code, Affordable Care Act, Healthcare insurance receivables, UCC, Non-assignment, Secured interests, ACA, Medicare, Medicaid, Patient Protection and Affordable Care Act, PPACA


2 Bus. & Bankr. L. J. 109