Healthcare Financing Anti-assignment Limitations

Learn how to structure financing transactions for healthcare providers to overcome anti-assignment and collection limitations on Medicare and Medicaid receivables with this practice note from Robinson & Cole LLP partner Leslie J. Levinson. Differentiate between how the Uniform Commercial Code generally prohibits restrictions on assignment, making it possible for secured lenders to obtain a perfected security interest in these assets, and how the Medicare and Medicaid anti-assignment provisions, with limited exceptions, prohibit anyone, except the healthcare provider, from receiving payments from federal government healthcare programs. Advise clients that, to comply with the anti-assignment provisions, a provider cannot assign its right to be paid to any other entity, including its lenders.

Read now »

Related Content

• Medicare Fundamentals
  Get up to speed on the general framework of the Medicare program, including federal requirements, waivers, legal challenges, changes to the Medicare program under the Affordable Care Act, Medicare reimbursement systems and concepts, managed care, accountable care, and demonstration projects. Counsel your healthcare provider and supplier clients, health insurance companies, and other healthcare organizations providing services to Medicare beneficiaries on the impact of Medicare on their business operations.
• Medicaid Fundamentals
  Review various aspects of the Medicaid program, such as the general framework, state and federal requirements, waivers, legal challenges, and changes to the Medicaid program under the Affordable Care Act. Gain expertise on the Medicaid program to better represent healthcare organizations (like providers, suppliers, and insurers) providing services to Medicaid beneficiaries.
• Medicare Reimbursement
  Examine the payment of patient healthcare expenses to providers under the Medicare program, including under Medicare Parts A and B, and under optional Medicare supplemental policies on topics like health maintenance organizations, renal care, and imaging services.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.   

• The emergence of Generative AI in Healthcare is being met with considerable concern and scrutiny because of the life-changing implications related to patient care. The new edition of the Practical Guidance Journal features an in-depth look at cautions and legal considerations.
• Access our new Generative Artificial Intelligence (AI) Resource Kit, which provides a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools.
• Legal Developments provide the latest updates and analyses of emerging topics impacting your practice area. Visit the Legal Developments page to see the latest topics, which also include breaking legal news and related Practical Guidance content.
• Listen Up! The Practical Guidance and Law360 Podcasts Resource Kit features interviews with industry-leading attorneys on cutting edge issues in the law: NFTs, Cannabis, COVID-19, and more.
• Check out our Practical Guidance Author Center! Learn about the 1750+ leading attorney authors contributing to our 26 practice areas, and find out how you can Become a Practical Guidance Author. Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+