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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.

Supreme Court Decision Favors Arbitration Clauses in Bank Deposit Agreements


October 18, 2012

Last year, the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion sent a resounding message in favor of arbitration clauses and class action waivers in consumer contracts.1 The high Court strengthened that message for banks last week by declining to review rulings enforcing arbitration clauses in bank deposit agreements.2

Buffington v. SunTrust Banks, Inc. and Hough v. Regions Fin. Corp. are part of a wave of class action litigation across the country challenging banks' processing order for debit card and ATM transactions and the effect that processing order has on customers' overdraft fees.3 SunTrust and Regions were swept into a massive multidistrict litigation proceeding in the Southern District of Florida in which the court has issued several plaintiff-friendly decisions. The district court continued its trend in favor of plaintiffs by denying SunTrust's and Regions' motions to compel arbitration. Both banks appealed.

The Eleventh Circuit Court of Appeals reversed the district court, finding that the banks' arbitration clauses were enforceable and applicable. The court noted that The Federal Arbitration Act reflects a "liberal federal policy favoring arbitrations," providing that arbitration agreements "shall be . . . enforceable, save upon such grounds as exist at law or in equity for [their] revocation."4 The court rejected arguments that the specific arbitration clauses at issue were either procedurally or substantively unconscionable, finding that the clauses were consistent with Georgia law, were not particularly one-sided and were conspicuous.

By declining to review the Eleventh Circuit's decision in favor of the banks' arbitration agreements, the Supreme Court has effectively confirmed that the liberal federal policy in favor of arbitration applies to consumer contracts. Banks should review their deposit agreements to determine whether to include arbitration clauses and class action waivers, and if so, how those clauses should be worded. Our financial institutions attorneys are experienced in drafting these clauses and representing banks in court proceedings, arbitrations and regulatory proceedings.

1 AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740, 1745 (2011).
2 Buffington v. SunTrust Banks, Inc., No. 12-146, 2012 U.S. LEXIS 7890 (Oct. 9, 2012); Hough v. Regions Fin. Corp., No. 12-139, 2012 U.S. LEXIS 7880 (Oct. 9, 2012).
3 In re Checking Account Overdraft Litg., 459 Fed. Appx. 855 (11th Cir. 2012); Hough v. Regions Fin. Corp., 672 F.3d 1224 (11th Cir. 2012).
4 9 U.S.C. § 2 (2012).

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