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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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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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Labor Talk Blog: NLRB Continues to Strike Down Arbitration Agreements

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January 24, 2014

Readers of a previous post will recall that in December 2013, the Fifth Circuit Court of Appeals rejected the view of the National Labor Relations Board (NLRB or the Board) in the significant D.R. Horton ruling. There, the Fifth Circuit held that an arbitration agreement that requires employees to arbitrate all employment disputes but restricts the arbitration proceedings to individual arbitrations only (i.e., not allowing class or collective arbitrations) does not violate Section 7 of the National Labor Relations Act.

The Board's administrative law judges (ALJ), despite this ruling, are continuing to follow the Board's reasoning in D.R. Horton and strike down such agreements. Most recently, just last week, in Leslie's Poolmart, Inc., 21-CA-102332 (Jan. 17, 2014), ALJ Lisa Thompson seemed to go even further. Judge Thompson reasoned that an arbitration agreement violated an employee's Section 7 rights, even though the agreement was silent as to requiring class or collective action waiver. The Judge reasoned it was still unlawful under D.R. Horton since the employer intended that effect, as evidenced by the employer's not only seeking to compel arbitration but also seeking to dismiss the class/collective claims.

The Board likely will continue this attack on such agreements until the Supreme Court rules on D.R. Horton, and employers would be wise to seek counsel in drafting, or attempting to enforce, such agreements.

For more Labor and Employment information, visit www.BassBerryLaborTalk.com.


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