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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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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.

GovCon Blog: Is It Too Late to Cure a Violation of the Nonmanufacturer Rule?

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January 14, 2016

Have you submitted your final proposal? If so, and you've bid on a small business set aside supply contract, then it is probably too late to cure a possible violation of the nonmanufacturer rule. In a recent decision, the Small Business Administration's Office of Hearings and Appeals (OHA) concluded that once a firm has submitted its final bid or final proposal revision, any subsequent changes in performance approach would be ignored for purposes of assessing the challenged firm's size and compliance with the nonmanufacturer rule.

The appeal was filed by Sea Box, Inc. against Reagent World, Inc. (RWI), regarding an Army solicitation for 12 QuadCon metal containers. OHA denied the appeal, finding that the appellant's arguments lacked merit, but nevertheless remanded the case to the Area Office for further consideration. The case was remanded because OHA discovered that the Area Office clearly erred in its analysis of RWI's compliance with the fourth requirement of the nonmanufacturer rule. Specifically, OHA held that the Area Office erred by evaluating RWI's compliance with the nonmanufacturer rule when it took into consideration a quotation from a subcontractor that was only made available after submission of the final proposal. OHA found that compliance with the rule is determined as of the date of the final proposal, and any subsequent changes will not be recognized.

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To continue reading the content in this article on the firm's Government Contracts blog, please click here to view the post.

Bass, Berry & Sims' Government Contracts blog features news, commentary and insight on the demanding and ever-changing regulatory environment of contracting with federal, state and local governments, and international trade issues when conducting a global business.


 


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