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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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CFTC’s Derivative Rulemaking Under Dodd-Frank Will Extend Into 2012

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September 12, 2011

Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") establishes a new regulatory scheme for the over-the-counter derivatives market. As we explained in a prior Alert, this summer, the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC") delayed the compliance deadline for many of the provisions of Title VII. At that time, the effective date was fast approaching, but the agencies had not completed required rulemaking related to the new derivatives regulations. While the SEC’s compliance extension was tied to the completion of applicable rulemaking, the CFTC’s extension was set to expire on December 31, 2011.

On September 8, 2011, the CFTC held an open meeting to discuss proposed rules extending the deadline for swap dealers and major swap participants to comply with new swap clearing and trading, swap dealer documentation, and margining requirements. During the meeting, Chairman Gary Gensler made it clear that the CFTC would not complete its Title VII rulemaking by the extended compliance deadline of December 31, 2011, stating "Let me start by saying that we are focused on considering these rules thoughtfully – not against a clock." Gensler then set forth a tentative timeline for the CFTC to consider derivatives rules, which contained a significant number of items in the first quarter of 2012. Additionally, Gensler stated, "[m]uch like we did on July 14, this fall we also will consider further exemptive relief from the application of Dodd-Frank's Title VII requirements."

It now appears clear that it will be well into 2012 before the CFTC completes all rulemaking under Title VII of the Dodd-Frank Act. In the meantime, the CFTC is likely to provide additional extensions and exemptions on compliance. We will continue to monitor both the SEC’s and the CFTC’s rulemaking under Title VII and provide updates as appropriate.


1  Gary Gensler, Chairman, Commodity Futures Trading Commission, Opening Statement, Meeting of the Commodity Futures Trading Commission (Sept. 8, 2011), available here.


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