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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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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.

Bet-the-company Litigation Against National HealthCare Corporation

Client Type: Public Company

We were lead counsel for National Healthcare Corporation (NHC) in September 2003 on an emergency basis immediately after a tragic fire at a nursing home facility owned by NHC. More than a dozen residents were killed and many more were injured. In the subsequent litigation, plaintiffs alleged the company was liable for both compensatory and punitive damages for failing to install sprinklers and for other grounds. Thirty of the 32 suits were settled within a year of the event. The remaining 2 claims were later settled in mediation after we obtained summary judgment on plaintiffs' claims for punitive damages on the sprinkler issue.

The fire and its aftermath received significant national and international media attention. Ultimately, the local newspaper, The Tennessean, intervened in this case to challenge a series of protective orders entered by the trial court which restricted the disclosure of unfiled discovery materials and ordered that any discovery materials filed with the court be filed under seal.

In June 2009, the Tennessee Court of Appeals ruled in NHC's favor in a challenge by The Tennessean to the procedures employed by the trial court in balancing the parties' rights to a fair trial against The Tennessean's requests for information. The Court of Appeals wrote an opinion ratifying the trial court's procedures, which likely will be cited as the authoritative opinion on a trial court's inherent powers to manage mass tort or other high publicity litigation.

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