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How did a clerkship with Judge Merritt change the way Chris Climo approaches the practice of law? Find out more>

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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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Download the Healthcare Fraud & Abuse Review 2017, authored by Bass, Berry & Sims

The Healthcare Fraud & Abuse Review 2017 details all healthcare-related False Claims Act settlements from last year, organized by particular sectors of the healthcare industry. In addition to reviewing all healthcare fraud-related settlements, the Review includes updates on enforcement-related litigation involving the Stark Law and Anti-Kickback Statute, and looks at the continued implications from the government's focus on enforcement efforts involving individual actors in connection with civil and criminal healthcare fraud investigations.

Click here to download the Review.

FTC Announces Revised HSR Thresholds for 2011

Publications

January 27, 2011

The Federal Trade Commission has announced revised threshold amounts for premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act ("HSR Act"). Under the HSR Act, when a deal meets the "size of person" and "size of transaction" thresholds, and no exemption applies, the deal must be reported to the antitrust agencies and the parties must wait for a designated period of time before closing the transaction. The revised thresholds will take effect 30 days after publication in the Federal Register which we anticipate will occur in the next two weeks.

The revised thresholds are:

Size-of-Transaction Test: The $50 million (as adjusted) threshold used in the size-of-transaction test will increase from $66.0 million to $68.2 million.

Size-of-Persons Test: The $10 million (as adjusted) and $100 million (as adjusted) sales and assets thresholds used in the size-of-persons test will increase from $13.2 million to $13.6 million and from $126.9 million to $136.4 million, respectively. The $200 million (as adjusted) threshold, below which the size-of-persons test applies, will increase from $263.8 million to $272.8 million.

Greater Notification Thresholds: These thresholds, which apply to acquisitions of voting securities made within five years after expiration or termination of the waiting period from a previous HSR filing for an acquisition of voting securities from the same issuer, were revised as follows:

Previous Threshold
Revised Threshold
$131.9 million $136.4 million
$659.5 million $682.1 million
25% of voting securities if valued at greater than $1,319.0 million
25% of voting securities if valued at greater than $1,364.1 million
50% of voting securities if valued at greater than $66.0 million
50% of voting securities if valued at greater than $68.2 million
 
Filing Fees: Filing fee thresholds based upon the value of assets or voting securities being acquired will be revised as follows:
 
Value of Transaction  Filing Fee
$68.2 million to $136.4 million

(previously $66 million to $131.9 million)
$45,000
$136.4 million to $682.1 million

(previously $131.9 million to $659.5 million)
$125,000
$682.1 million or more

(previously $659.5 million or more)
$280,000

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