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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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Thought Leadership

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Thought Leadership Spotlight

Healthcare Transactions: Year in Review 2018Last year, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The transaction raises an intriguing question: is this the beginning of a transformational shift in healthcare?

Recently, members of our healthcare group authored the Healthcare Transactions: Year in Review outlining 2017 M&A activity and drivers in the following hot healthcare sectors:

• Managed Care
• Hospitals
• Post-Acute Care—Home Health & Hospice
• Ambulatory Surgery Centers (ASCs)
• Healthcare Information Technology (HIT)
• Behavioral Health
• Physician Practice Management

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Danielle Sloane Provides Insight on Ensuring Compliance with Stark Law Related to Physician Compensation

Media Mentions

November 23, 2015

Bass, Berry & Sims attorney Danielle Sloane provided insight for an article in Modern Healthcare outlining recent settlements involving Stark Law violations related to physician compensation. The article specifically looks at three cases (United States of America v. North Broward Hospital District, et al. and United States ex rel. Drakeford v. Tuomey Healthcare System, Inc. and Payne et al. v. Adventist Health System-Sunbelt Inc. et al. / Sherry Dorsey v. Adventist Health System Sunbelt Healthcare Corp. et al) in which whistleblowers alerted the U.S. Justice Department about the alleged violations.

Danielle provided several helpful tips on complying with the Stark Law, such as 

  • "Periodically re-evaluate whether a physician's pay reflects fair market value and is commercially reasonable without considering referrals."
  • "Keep gifts, meals and other nonmonetary compensation to referring physicians below $392 in 2016, and document them."

Danielle's remaining tips can be found in the full article, "Whistle-blower Worries: Hospitals Likely to See More False Claims Suits Tied to Doctor Compensation," that was published by Modern Healthcare on November 21, 2015 and is available online.


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