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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.

Steele Clayton Interviews FTC Bureau of Competition Director Richard Feinstein

Media Mentions

January 8, 2010

Steele Clayton, attorney at Bass, Berry & Sims and assistant leader of the firm's Antitrust & Trade Practices Group, along with Toby Singer of Jones Day in Washington, D.C., has conducted an interview with Federal Trade Commission Bureau of Competition Director Richard Feinstein for the American Health Lawyers Association Practice Group Member Briefing.

The interview is described as follows:

The Obama Administration is still just beginning to put its stamp on the federal antitrust enforcement agencies. But new appointees at the Federal Trade Commission (FTC) have signaled that they will continue the FTC's strong emphasis on antitrust enforcement in the healthcare arena. FTC Director of the Bureau of Competition Richard Feinstein has particular expertise in healthcare antitrust, having served as assistant director for the Health Care Services and Products Division of the Bureau of Competition in the Clinton Administration, and having continued to practice healthcare antitrust law in private practice after his government service. The AHLA Antitrust Practice Group posed a set of questions to Mr. Feinstein to elicit his views on healthcare antitrust enforcement policy for the FTC now and in the future. Access the Member Briefing entitled, "Questions for Richard Feinstein, Director of the Bureau of Competition at the Federal Trade Commission," which contains the transcript of the interview.

There are a number of responses of particular interest. Mr. Feinstein characterizes one of the FTC's top priorities as "aggressive" merger enforcement. He explains what we can expect to see in future hospital merger challenges, both procedurally and substantively. He warns against adopting the view that concentration in insurer markets justifies further concentration in provider markets, and states that the FTC examines physician group mergers in the same way that it examines other types of mergers. With respect to clinical integration, Mr. Feinstein reveals that there is more guidance on the way and that the FTC will be having more discussions with groups interested in clinical integration. Other issues addressed are FTC Act Section 5 enforcement, efforts to amend the antitrust laws, and more.


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