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How did an interest in healthcare policy lead Robert Platt to a career in the law? Find out more>

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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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Six Things to Know Before Buying a Physician Practice spotlight

Dermatology, ophthalmology, radiology, urology…the list goes on. Yet, in any physician practice management transaction, there are six key considerations that apply and, if not carefully managed, can derail a transaction. Download the 6 Things to Know Before Buying a Physician Practice to keep your physician practice management transactions on track.

Click here to download the guide.

Brian Roark on Healthcare Fraud for American Medical News

American Medical News

Media Mentions

February 1, 2010

Brian Roark, attorney at Bass, Berry & Sims, is extensively quoted in the February 1, 2010 edition of American Medical News regarding a recent 9th U.S. Circuit Court of Appeals decision. The ruling overturned a rare award to a physician for legal fees he spent defending himself in what turned out to be a failed healthcare fraud prosecution. The article is titled "Fraud Charges Dropped, But Doctor Can't Recoup Costs."

From the article:

"Here the government brought a criminal action, saying these procedures are not medically necessary, which often comes down to a difference of opinion, and unfortunately that's becoming a criminal action," said Nashville, Tenn., attorney Brian D. Roark, who defends physicians in health care fraud matters.

The 9th Circuit's reversal came as no surprise because frivolous claims are difficult to prove, he said, and the ruling serves as a grave reminder that physicians have little recourse against the government.

"The hope is, if the government is going to pursue something criminally, it only does so after careful consideration because the risk to the defendant is so great," said Roark, of Bass, Berry & Sims, adding that physicians face anything from fines to jail time to exclusion from federal health care programs.

"Generally, the physician has no option other than to try and settle and work it out. ... So at the first sign of any government inquiry, the physician needs to move quickly to resolve it, and the government is always willing to have a back-and-forth."


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