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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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Robert L. Brewer


(615) 742-7760 TEL
(615) 742-0410 FAX

Robert L. Brewer


(615) 742-7760 TEL
(615) 742-0410 FAX
(615) 742-7760 TEL
(615) 742-0410 FAX

Robert Brewer is co-chair of the firm's Intellectual Property & Technology Practice Group. For more than fifteen years, Bob has focused his practice solely on intellectual property and technology transactions and licensing. Bob helps clients through legal, technical and transactional challenges arising in technology transactions and the technology procurement process, with particular emphasis on the operational, contractual and regulatory aspects of technology agreements in the healthcare industry. His practice focuses on strategic guidance regarding buying and selling technology goods and services, including licensing, professional services, outsourcing, cloud computing, manufacturing, supply and distribution agreements, as well as joint ventures, collaborations and strategic alliances, mergers and acquisitions and private equity investments where technology and intellectual property are of significant importance and value. In addition, he counsels clients on data security and cyberliability issues, proactive data security planning and policies and incident response plans.

Bob's practice involves:

  • Health Information Technology – Representing providers (such as hospitals and hospital systems, physicians, skilled nursing facilities, pharmacies, device makers and laboratories) and ancillary entities (such as billing companies and vendors that provide services or financing to healthcare providers) on all matters involving licensing initiatives and the procurement and use of technology in healthcare, including a nationally-ranked academic medical center; two of the largest public hospital operators in the country; the largest senior living company in the country; a leading revenue cycle management and clinical information exchange company; and several investor-owned medical/surgical hospitals and health systems. Bob also has represented healthcare software companies, medical equipment manufacturers and technology services companies in hundreds of transactions involving the licensing and commercialization of intellectual property, the procurement process and negotiation with providers and health systems. 
  • Technology Transactions – Counseling clients with respect to the negotiation and drafting of software licenses, system implementation/integration agreements, ASP/SaaS/cloud agreements, outsourcing agreements, managed services agreements, hosting/data center agreements, co-location agreements, service level agreements, hardware acquisition and maintenance agreements, supply and distribution agreements, reseller agreements, telecommunications agreements and security services agreements. Bob is routinely involved in all phases of IT systems procurement, including drafting RFPs and managing the RFP process; down-selection; developing, drafting and negotiating contracts; establishing service levels and performance criteria; and drafting project management and governance terms.
  • Research & Development, Technology Transfer & Commercialization Agreements – Structuring and negotiating academic/university agreements, strategic alliances and collaborations and development agreements.
  • Privacy & Data Security – Advising in-house legal departments, c-suites, boards of directors and IT teams on proactive corporate data security and incident planning and response efforts, including development of corporate privacy and security policies and procedures, breach preparation and cybersecurity risk management, compliance with state security breach notification laws and responding security breaches involving an array of compromised records, including credit card and healthcare data on behalf of both private and public companies. He helps clients identify, evaluate and manage risks associated with their collection and use of information.
  • Mergers & Acquisitions – Representing clients with regard to intellectual property and technology matters in mergers, acquisitions, investments, joint ventures and other transactions.

Featured Experience

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International Technology Law Association

Healthcare Information and Management Systems Society (HIMSS)

Leadership Health Care

Tennessee Bar Association

American Bar Association — Intellectual Property Section; Internet Law Section; Software Licensing Section, Past Chair

International Trademark Association (INTA)

Tennessee Intellectual Property Association

American Intellectual Property Law Association (AIPLA)

American Health Lawyers Association (AHLA)


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Representative Experience

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Past Events

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Media Mentions

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Business Tennessee "Best 150 Lawyers in Tennessee"

Best Lawyers in America® — Nashville Technology Law "Lawyer of the Year" (2018, 2016, 2012)

Best Lawyers in America® — Copyright Law; Information Technology Law; Technology Law; Trademark Law (2009-2019)

Mid-South Super Lawyers "Rising Star" (2008-2013)


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