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How does Jessie Zeigler anticipate the intersection of privacy and smart technology will impact the future of litigation? Find out more>

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Experience Spotlight

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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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.

Matt Curley Comments on Supreme Court's FCA Liability Ruling

Law360

Media Mentions

June 17, 2016

Bass, Berry & Sims attorney Matt Curley provided insight on the U.S. Supreme Court's ruling in Universal Health Services v. Escobar, in which the court ruled that healthcare companies and other federal contractors can face False Claims Act (FCA) liability if they bill the government while out of compliance with regulations and that these regulations need not be explicit conditions of payment to trigger liability. As Matt points out in the article, 

It is not surprising that the Supreme Court affirmed the notion that the implied certification theory may give rise to FCA liability. The court, however, missed an opportunity to delineate clear boundaries for that theory. Reassurances that the materiality standard is 'demanding' and not satisfied where noncompliance is 'minor or insubstantial' leaves those boundaries open to much debate — particularly where noncompliance relates to regulations that on their face have nothing to do with payment by the government. It is difficult to view this as anything other than a win for those pushing for a more expansive view of FCA liability.

The full article, "Attys React To High Court's FCA Liability Ruling," was published by Law360 on June 16, 2016, and is available online.


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