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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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Bass, Berry & Sims Obtains Dismissal of FCA Claims Against Brookdale

Media Mentions

November 16, 2015

Bass, Berry & Sims attorneys Brian Roark, Taylor Chenery and Angie Bergman represented Brookdale Senior Living, the nation's largest owner and operator of senior living communities, in a False Claims Act (FCA) suit brought by a whistleblower accusing Brookdale of Medicare fraud. In November 2015, Judge Trauger of the U.S. District Court for the Middle District of Tennessee dismissed the second amended complaint with prejudice, finding that the whistleblower did not adequately allege the submission of false claims to a federal healthcare program. This case was outlined in the article, "Brookdale Again Defeats Whistleblower's FCA Claims," published by Law360 on November 6, 2015.

The court had previously dismissed the whistleblowers first amended complaint in a March 31 ruling. There, the court similarly held that the complaint must be dismissed where it failed to allege that a specific false claim was actually submitted to the government. 

The case was summarized in the following articles:


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