6 Steps for Medical Practice Owners Struggling With MCA Debt
The Practice That Cannot Afford to Close
A medical practice is not a discretionary business. Patients depend on it. Closing the doors, even temporarily, has consequences that extend beyond the balance sheet and into the health outcomes of people who have entrusted their care to the practitioner. MCA funders do not factor this into their enforcement strategy. Their collections department does not distinguish between a restaurant and a cardiology practice. The confession of judgment freezes the account either way. The practitioner must account for what the funder does not.
Separate Patient Revenue From the MCA‑Debited Account
The first step is the one that protects the practice’s operational capacity. If insurance reimbursements, patient payments, and MCA debits are flowing through the same account, a single enforcement action (a frozen account, a redirected processor) can halt the practice’s ability to pay staff, purchase supplies, and maintain operations. Open a separate account for practice operations and direct insurance reimbursements to it. The MCA debit authorization is tied to a specific account. A second account, used for clinical operations, provides a barrier between the funder’s enforcement and the practice’s ability to function.
Understand How Insurance Receivables Interact With the UCC Lien
The second step is technical and critical. Medical practices receive a significant portion of their revenue from insurance companies and government payers (Medicare, Medicaid). The MCA funder’s UCC lien may purport to cover all receivables, including insurance payments. Whether the funder can actually redirect insurance reimbursements is a complex question that depends on the assignment of benefits structure, the payer’s own policies regarding payment redirection, and applicable state and federal regulations. In many cases, insurance reimbursements are more difficult for a funder to redirect than ordinary commercial receivables. An attorney familiar with both MCA law and healthcare reimbursement can assess your specific situation.
Protect Your Medical Licenses and Credentials
The third step addresses a risk unique to medical practitioners. A judgment, a lien, or a bankruptcy filing can trigger reporting obligations and credentialing reviews. Hospital privileges, insurance panel participation, and state medical board standing may all be affected by the financial consequences of an MCA default. The impact varies by state and by payer, but the possibility must be assessed before the default produces consequences that are difficult to reverse. An attorney can advise on how to resolve the MCA obligation while minimizing the effect on your professional credentials.
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(212) 300-5196Do Not Let the Funder Contact Your Referring Physicians
The fourth step is relational. If the MCA agreement includes an assignment of receivables and your practice receives payments from other medical entities (referral fees, shared service agreements, or institutional contracts), the funder may contact those entities to redirect payments. For a medical practice, a letter from an MCA collections attorney arriving at a referring physician’s office is not merely a financial embarrassment. It is a threat to the referral relationship that sustains the practice’s patient volume. Preemptive communication with key referral sources, framed as a financing matter under resolution, preserves relationships that a funder’s lien notice could damage.
Evaluate the Agreement for Usury and Reconciliation Defenses
The fifth step is legal and may be decisive. Medical practices, like other service businesses, experience revenue fluctuations (seasonal patient volume, insurance reimbursement delays, changes in payer mix). If the MCA agreement debits a fixed daily amount without reconciling for these fluctuations, the same usury and reclassification defenses available to other industries apply. The effective APR on most medical practice MCAs, when calculated, exceeds state usury caps, and the absence of genuine reconciliation supports the argument that the instrument is a loan.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Engage Representation That Understands Both Worlds
The sixth step is the one that integrates the others. MCA debt for a medical practice sits at the intersection of commercial finance law and healthcare regulation. An attorney who understands MCA contracts but not the healthcare context may negotiate a settlement that resolves the debt but creates credentialing complications. An attorney who understands both can structure a resolution that addresses the financial obligation and preserves the practitioner’s ability to practice.
The practice is still seeing patients. The practitioner is still providing care. The debt is an obstacle to the practice’s financial stability, but the practice’s value (its patient relationships, its clinical reputation, its revenue‑generating capacity) remains. A consultation is where the resolution accounts for all of it.
