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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 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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Matt Curley and Steve Taylor Comment on Liability Issues Related to M&A

Media Mentions

December 18, 2015

Bass, Berry & Sims attorneys Matt Curley and Steve Taylor provided insight in the December issue of Risk & Insurance magazine discussing the hidden liabilities that often arise in mergers and acquisitions. As the number of mergers and acquisitions continue to rise, successor liability is heightened because it "'is an area that the carriers really focus on because they don't want to get bitten any more than the buyer of the company does. They are always trying to write policies to protect themselves from that big claim'" said Steve.

Healthcare providers are increasingly facing the risk of government enforcement under the False Claims Act. And, with the healthcare sector topping M&A charts, these companies may face increased risk of dealing with enforcement issues after the close of a transaction. "'It's only natural to anticipate that companies active in acquisitions will deal with the possibility of enforcement issues post-close; it is often the case that an acquired company will have a regulatory issue that does not emerge in due diligence and only comes to light after the deal closes,'" explained Matt.

The full article, "Hidden Harm: Unforeseen Liabilities in M&As May Cause Headaches for Buyers," was published by Risk & Insurance on December 14, 2015 and is available online.


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