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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Matt Curley Comments on Supreme Court's FCA Liability Ruling


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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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