title: Section 525(a) of the bankruptcy code plainly does not apply to Medicare provider agreements.
abstract: Section 525(a) of the Bankruptcy Code prevents government entities from discriminating against debtors based on the debtor's bankruptcy filing. This Article analyzes how this provision is applied to healthcare providers who file for bankruptcy. Some commentators have expressed concerns that because of Section 525, the federal government is unable to deny a bankrupt provider a new Medicare provider agreement due to the debtor's failure to pay debts discharged during bankruptcy. This Article, however, argues that Section 525 does not apply to a provider agreements because it is not a "license, permit, charter, franchise, or other similar grant" as defined by the statute. Therefore, the author concludes that debtor healthcare providers should not be allowed back into the Medicare program without first paying their statutorily required debts.
authors.forename: E H
authors.initials: EH
authors.lastname: Sperow
mesh_terms: D000067:Accounts Payable and Receivable; D000368:Aged; D016361:Bankruptcy / Q000331:legislation & jurisprudence*; D014487:Centers for Medicare and Medicaid Services, U.S.; D003284:Contract Services / Q000191:economics / Q000331:legislation & jurisprudence; D005377:Financial Management, Hospital / Q000331:legislation & jurisprudence*; D018166:Health Care Reform; D006801:Humans; D016344:Medicare Part A / Q000331:legislation & jurisprudence*; D011057:Politics; D014481:United States