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Attorney Spotlight

What is Shannon Wiley looking forward to at this year's Asembia Specialty Pharmacy Summit? Find out more>


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Experience Spotlight

Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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Thought Leadership

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Thought Leadership Spotlight

Download the Healthcare Fraud & Abuse Review 2017, authored by Bass, Berry & Sims

The Healthcare Fraud & Abuse Review 2017 details all healthcare-related False Claims Act settlements from last year, organized by particular sectors of the healthcare industry. In addition to reviewing all healthcare fraud-related settlements, the Review includes updates on enforcement-related litigation involving the Stark Law and Anti-Kickback Statute, and looks at the continued implications from the government's focus on enforcement efforts involving individual actors in connection with civil and criminal healthcare fraud investigations.

Click here to download the Review.

Presentation Recap: Diligence Considerations and Risk Management in Healthcare M&A


September 20, 2017

Bass, Berry & Sims attorney Angela Humphreys co-presented at a breakfast program, "Diligence Considerations and Risk Management in Healthcare M&A." Fellow panelists included Will FitzSimons, Senior Managing Director at Arthur J. Gallagher & Co.; Lisa T. Nix, CPA, Practice Leader of Transaction Advisory Services at LBMC; and David M. Pontius, Vice President at MTS Health Investors.

The event provided attendees practical advice on how to mitigate risks in healthcare transactions. Key takeaways included:

  • Valuations are at an all-time high. Buyers do not want to pay an A+ price for a B- asset, which makes diligence key.
  • Deals are running longer before exclusivity. It is a very competitive market. 
  • 34% of all private equity transactions in the first half of 2017 have Reps & Warranties insurance. This is gaining traction in the healthcare space. 
  • Don't lose sight of the issues: identify debt-like liabilities early on. 
  • Engage your team early for billing and coding, financial, and legal diligence and consider a phased approach starting with billing and coding to detect any compliance issues at the beginning. 
  • Sell-side diligence before a transaction launches is becoming more common as dealmakers are recognizing the benefits. 
  • Background checks are a key component of due diligence. 
  • Deals rarely go astray as a result of legal issues, it is almost always a matter of valuation, making the front-end due diligence critical in setting up a higher probability for success.

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