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Attorney Spotlight

Learn about Richard Arnholt's diverse government contracts practice and why he chose to pursue a career in the legal field. Read more>

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Experience

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Experience Spotlight

In June 2017, Pinnacle Financial Partners, Inc. (NASDAQ: PNFP) closed a $1.9 billion merger with BNC Bancorp (NASDAQ: BNCN) pursuant to which BNC merged with and into Pinnacle. With the completion of the transaction, Pinnacle becomes a Top 50 U.S. Bank. The merger will create a four state footprint concentrated in 12 of the largest urban markets in the Southeast. 

Bass, Berry & Sims has served Pinnacle as primary corporate and securities counsel for more than 15 years and served as counsel on the transaction. Our attorneys were involved in all aspects related to the agreement, including tax, employee benefits and litigation. 

Read more details about the transaction here.

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Thought Leadership

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Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

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HIPAA is Coming! Are you Prepared?

Publications

July 25, 2013

Beginning September 23, 2013, compliance with the revised Health Insurance Portability and Accountability Act ("HIPAA") privacy and security rules is mandatory. These rules implement most requirements of the Health Information Technology for Economic and Clinical Health Act ("HITECH").

Who must comply?

Most employer-sponsored group health plans1 must comply, including the following:

  • self-insured medical, dental and vision plans
  • health care flexible spending accounts (FSAs)
  • health reimbursement arrangements (HRAs)
  • governmental health plans and church plans
  • most employee assistance programs (EAPs)
  • most long-term care plans

What must be done?

The steps your plan needs to take will vary depending on your current compliance and plan structure. However, in order to meet the new requirements, at least the following steps must be taken:

  • revising and distributing the plan notice of privacy practices
  • revising policies and procedures
  • updating business associate agreements
  • entering into revised business associate agreements with vendors
  • training workforce members on the new requirements

Why is this important?

HITECH significantly increased the civil penalties for violating HIPAA. Further, OCR2 is enforcing HIPAA more aggressively and is auditing covered entities for compliance. The breach notification requirements make enforcement reviews more likely (in the event of a data breach). Now is the time for employers to focus their attention (again!) on HIPAA to help reduce the likelihood of violations and prepare for the possibility of an OCR audit.

Bass, Berry & Sims can offer a variety of solutions including:

  • working with you to modify your existing HIPAA-related documents
  • helping you create new HIPAA-related documents
  • negotiating amended or new business associate agreements with your plans’ vendors
  • training your plans’ workforce

If you have any questions or would like to get started with the suggested solutions, please contact any of the attorneys in our Employee Benefits Group.


1 Small self-administered health plans (those with fewer than 50 participants) do not have to comply. Fully insured plans that do not receive personal health information (PHI) (or the plan sponsor receives only summary health information and enrollment/disenrollment information) have significantly reduced compliance obligations.

2 The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) enforces the HIPAA privacy, security and breach notification rules (see www.hhs.gov/ocr/privacy).


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