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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.

Victory in New York City RICO Case

Client Type: Individual

We represented one of the defendants Charles Wells, a Kentucky cigarette wholesaler, in a defense against claims brought by the City of New York under the federal Racketeering Influenced and Corrupt Organizations Act (RICO). The case involves claims by the City of New York that 32 individuals, and eight entities, violated RICO by, among other things, conspiring to conduct the affairs of an enterprise (engaged in selling cigarettes over the Internet) through a pattern of racketeering; the defendants allegedly all intended to prevent the New York City from collecting cigarette taxes. The City sought to recover in excess of $19.5 million. We were the only defendant to move for summary judgment against the City, and the court granted our motion. In granting summary judgment to Wells, the court agreed that the evidence showed that the alleged conspiracy did not exist because the alleged joint enterprise never existed, given that most defendants acted independently rather than jointly in dealing with another tobacco wholesaler named Chavez. The City has appealed to the Second Circuit, where the case remains pending.

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