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Attorney Spotlight

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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

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.

Bob Cooper Authors Article Outlining Difficulties of Legal Action Against Nonprofits


July 23, 2015

Bass, Berry & Sims attorney Bob Cooper authored an opinion piece in The Chronicle of Philanthropy discussing the challenges facing state regulators in policing charity fraud. The article uses the case filed against Cancer Fund of America and three related charities in May 2015 as an example. The cancer-charity fraud case is unique in that all 50 states and the Federal Trade Commission have joined together in a lawsuit for the first time. As former attorney general of Tennessee, a position he held from 2006-2014, Bob offers his perspective as to the significance of this milestone case. As reported in the article, "[s]tate attorneys general frequently collaborate on enforcing consumer protection, false claims, and antitrust laws ... but in the nonprofit area, while many states have strong individual traditions of enforcement, broad collective action has been absent, at least until now."

In the article, Bob describes three long-standing obstacles to state enforcement action against nonprofit entities:

  1. Diffusion of nonprofit enforcement authority within the states.
  2. Financial challenges in funding enforcement.
  3. Difficulty in proving fraudulent solicitation.

The full article, "Why Taking Legal Action Against Charity Fraud Is So Hard," was published by The Chronicle of Philanthropy on July 23, 2015 and is available online.

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