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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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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.

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Tennessee Government Update - Recap of February 28 - March 4, 2011


March 4, 2011

The big news in Tennessee government this week was education. Governor Haslam's proposal to reform Tennessee's K-12 teacher tenure law was recommended for passage by the Senate Education Committee, and Governor Haslam announced that Kevin Huffman will be Tennessee's new commissioner of education.

The tenure reform bill provides for tenure after five years rather than three years and creates a mechanism for a tenured teacher who has poor evaluations to lose tenure and revert to a probationary status. Andy Sher with the Chattanooga Times Free Press reported the story. The House companion bill is scheduled to be heard next week in subcommittee.

Kevin Huffman, Tennessee's new commissioner of education, has been an executive with Teach for America in Washington, D.C. for a decade. He taught in the classroom for two years, graduated from law school, briefly practiced law at a large Washington, D.C. law firm, and most recently has been executive vice president for public affairs with Teach for America.

Healthcare Reform
The finance committees of both houses approved the release of federal grant funding for "exploring options" for an insurance exchange to be operated by the State of Tennessee pursuant to the provisions of the Patient Protection and Affordable Care Act. The grant was awarded last fall, but the funding has not been released pending action by the finance committees. As a result of these actions, proposals submitted in response to two requests for proposal for planning will likely be opened and awards announced next week. No decision has been made on the underlying question of whether Tennessee will operate an exchange, though the tenor of the conversation in the Senate Finance Committee was favorable to the state assuming the responsibility.

Inter-Governmental Relations
In an unusual action in what has become a party-line-vote legislature, Republicans voted with Democrats in the general subcommittee of the House Commerce Committee to defeat a measure that would prohibit local governments from imposing an "employment practice, standard, definition, or provision which imposes or mandates health insurance benefits, a minimum wage, or family leave requirements…that deviates from, modifies, supplements, adds to, changes, or varies in any manner from state or federal statutorily imposed or recognized requirements." Two Republicans and one Independent voted with four Democrats to defeat the bill, 7-6. One Democrat voted with five Republicans in favor. The discussion of the vote and interests involved in support and in opposition is in Tennessee Report.

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