Healthcare
The litigation section of Bass, Berry & Sims represents the entire spectrum of the healthcare industry from the world's largest hospital company and some of the country’s largest public pharmaceutical companies, to privately-owned and not-for-profit home healthcare companies and physician practice management companies and to both large and small physician practices in a variety of adversarial proceedings and litigation matters. The firm routinely represents these companies in negotiations, mediations, arbitrations and litigation about issues that affect their businesses. Such claims arise out of breach of representations or warranties, management contracts or other contractual agreements, covenants not to compete and non-solicitation provisions. These clients also ask for our advice about drafting and implementing compliance programs, operating risk management programs, investigation incidents, responding to audits, investigations by government and private payors and third party subpoenas.
The firm has represented numerous healthcare clients who are under investigation by federal and state authorities, including the United States Department of Justice, the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General and the Tennessee Bureau of Investigation. Healthcare companies increasingly are scrutinized to determine whether they are in compliance with a myriad of federal and state statutes and regulations, including the Anti-kickback statutes, Stark I and II and the False Claims Act. The firm has extensive experience in defending its healthcare clients when they are under investigation or involved in litigation alleging violations of various "fraud and abuse" laws and regulations. For instance, the firm is currently handling two qui tam cases for healthcare clients. One such case involves allegations of agreements with physicians in violation of Stark and the Anti-kickback statute and the other case relates to alleged improper Medicare billing by one of the state’s largest physician practices. The firm has also defended clients in whistle-blower cases, as well as securities, ERISA and other civil cases resulting from such investigations. Currently, the firm is representing three clients on issues relating to Medicare cost reports, two in indemnity actions arising out of transactions and another in an action resulting from an OIG investigation.
Another area of expertise is the defense of class action lawsuits. The firm has defended over 65 class action cases, taking the lead role in many of them and working with national counsel in others. A list of the class action cases involving the healthcare industry is attached.
Our litigation group has had an active medical malpractice defense practice for over 50 years.
To best serve the firm's clients, the firm generally recommends an interdisciplinary approach. Litigators often work together with healthcare regulatory specialists and when necessary, corporate and securities lawyers, ERISA attorneys or other specialties, to present a multi-disciplinary approach to manage the complex issues which often require public disclosure, involve extensive media attention and raise sensitive corporate governance questions.
Our group also has considerable experience in general corporate and commercial litigation. We have experience in litigation arising out of hostile takeover attempts, mergers, acquisitions, securities offerings, proxy fights and other major corporate transactions. We also have an active practice in matters involving breach of contract, breach of fiduciary duty, claims against directors and officers and disputes among partners or shareholders of closely-held corporations. Our experience includes matters involving financial institutions, particularly “lender liability” claims and regulatory problems involving banks, savings and loan institutions and insurance companies.
We also have active environmental, intellectual property, product liability, aviation and toxic tort litigation practices. We represent clients in a wide variety of matters involving federal, state and local governments as well as in major antitrust, construction and real property suits.
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Presentations
| Date |
Topic |
Event |
| April 30, 2012 |
Federal Sanctions and Individual Liability for Non-Compliant Organizations |
2012 HCCA Compliance Institute |
| April 30, 2012 |
Defending Against Statistical Sampling and Extrapolation |
2012 HCCA Compliance Institute |
| December 2, 2011 |
When the Whistle Blows: Proactive and Reactive Responses to Whistleblowing |
HCCA South Central Regional Annual Conference |
| October 16, 2011 |
Beyond the RACs: MACs and ZPICs Coming to a Practice Near You |
HCCA Physician Practice/Clinic Compliance Conference |
| October 13-14, 2011 |
Recent Topics in Healthcare Oversight and Enforcement |
TBA 23rd Annual Health Law Forum |
| September 27, 2011 |
Ethical Considerations in a Healthcare Investigation - Protecting the Company's Interests |
Nashville Council of Health Care Attorneys Meeting |
| September 8, 2011 |
Accountable Care Organizations |
Healthstream Webinar |
| June 1-2, 2011 |
Beyond the RACs: Medicare Administrative Contractors (MACs) and Zone Program Integrity Contractors (ZPICs) Audits |
American Conference Institute's Government Program Integrity Audits |
| April 7, 2011 |
Perspectives on Recent Trends in Healthcare Fraud and Abuse Litigation |
Tennessee Bar Association CLE program |
| April 5, 2011 |
The Future of HIT Today |
Nashville Technology Council event |
| March 8, 2011 |
Liquidity and Growth Capital Options for Growing Healthcare Companies |
Bass, Berry & Sims panel discussion |
| November 11, 2010 |
Pointers and Pitfalls in Gaining Physician Buy-in to a Compliance Program |
HCCA South Central Regional Annual Conference |
| November 11, 2010 |
Medicare and Medicaid Managed Care and the Provider's Role in Compliance |
HCCA South Central Regional Annual Conference |
| August 3, 2010 |
A Conversation on Healthcare Reform with Congressman Jim Cooper |
Bass, Berry & Sims event |
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