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How does Jessie Zeigler anticipate the intersection of privacy and smart technology will impact the future of litigation? Find out more>

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Experience Spotlight

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 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.

Click here to download the checklist.

SEC MCDC Initiative - Deadline Extension

Publications

August 8, 2014

In June and July, we distributed information regarding the Securities and Exchange Commission's Municipalities Continuing Disclosure Cooperation Initiative (the "MCDC Initiative"). The MCDC Initiative provides issuers and underwriters the opportunity to self-report instances of material misstatements or omissions in bond offering documents regarding the issuer's prior compliance with its continuing disclosure obligations. On July 31, the Securities and Exchange Commission ("SEC") extended the deadline for issuers and obligors to self-report under the MCDC Initiative from September 9, 2014 to 5:00 p.m. EST on December 1, 2014. The deadline for underwriters to self-report remains September 9, 2014.

Issuers should consider discussing with their underwriters any potential reporting involving the issuer prior to the underwriters' deadline. The underwriters are dealing with enormous amounts of information and may not have accurately assessed every issuer's filing and disclosure history. A timely discussion between an issuer and its underwriter may avert an unnecessary filing. Immediately following the underwriters' deadline, issuers should contact their underwriters to identify any reported bond issues and the substance of any reports.

For more information regarding the SEC's July 31 announcement, including the SEC's implementation of a tiered approach to civil penalties for underwriters and a discussion by the SEC of its treatment of those who use good faith efforts to identify certain potential violations, please click here.


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