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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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Healthcare Private Equity Compliance Checklist

The complex and ever-changing healthcare regulatory and enforcement environment, including increased focus on the role of private equity firms in their portfolio companies, make compliance a top priority for private equity firms investing in healthcare companies. The best way to limit your exposure as a private equity firm is to avoid a compliance misstep in the first place. Additionally, an effective and robust compliance program for your portfolio healthcare company makes it much more attractive to potential buyers and helps you avoid an unexpected and costly investigation or valuation hit down the road. Download the Healthcare Private Equity Compliance Checklist to assess whether your portfolio company's compliance program is up-to-date.

Click here to download the checklist.

AmSurg Awarded Full Arbitration Award Amount in Physician Group Dispute

Client Type: Public Company

We represented AmSurg Holdings, Inc. in a dispute with a group of physicians seeking to invalidate a non-compete provision that was a material feature of a highly profitable surgery center partnership in California. The dispute began when the surgery center lost its lease, and the parties were required to find a replacement location. The physicians tried to leverage the lease termination as a way to cut AmSurg out of the business, and the surgery center was ultimately forced to close as a result of their actions. The physicians then sued to get free of the non-compete obligations. Following months of contentious discovery, the parties had a two-week arbitration hearing in Los Angeles. The arbitration panel issued its decision in March 2016, ruling in AmSurg's favor on every claim. The panel also awarded AmSurg $9 million in damages. In late 2016, the physicians filed two federal lawsuits seeking to block or overturn the arbitration panel’s decision. We beat back each of those efforts, and, in mid-2017, the federal court in Nashville affirmed the arbitration award in full. The federal court also awarded pre- and post-judgment interest, which added an additional $500,000 to AmSurg's recovery. The client is very pleased with the result, which will serve as valuable precedent in similar disputes in the future. AmSurg Holdings, Inc., which is now a subsidiary of Envision Healthcare Corp. (NYSE: EVHC) acquires, develops and operates ambulatory surgery centers in partnership with physician practice groups throughout the United States.

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