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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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U.S. ex rel. Joseph v. Brattleboro Retreat

Client Type: Nonprofit

We represented The Brattleboro Retreat, an in-patient addiction treatment facility located in Brattleboro, Vermont, in a False Claims Act (FCA) lawsuit, which alleged that the Retreat violated the FCA by submitting false claims for reimbursement to state and federal payers and by using internal accounting codes to mask alleged overpayments. The district court granted the Retreat's motion to dismiss, concluding that the Relator failed to satisfy the pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure and that certain of Relator's claims were barred under the applicable statute of limitations. See U.S. ex rel. Joseph v. Brattleboro Retreat, 2014 U.S. Dist. LEXIS 110153 (D. Vt. Aug. 10, 2014).

The district court's opinion is one of the few cases from Vermont in recent history considering the pleading requirements under the FCA. At a time when district courts are grappling with the appropriate pleadings standard for FCA allegations, the district court's opinion is significant, at it strictly applied the requirements of Rule 9(b) of the Federal Rules of Civil Procedure in dismissing the Relator's claims.

The Brattleboro Retreat is an in-patient addiction treatment facility located in Brattleboro, Vermont.

Download Document - US ex rel Joseph v. Brattleboro Retreat Opinion

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