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Envision to Sell to KKR for $9.9 Billion

We represented Envision Healthcare Corporation (NYSE: EVHC) in its definitive agreement to sell to KKR in an all-cash transaction for $9.9 billion, including debt. KKR will pay $46 per Envision share in cash to buy the company, marking a 32 percent premium to the company's volume-weighted average share price from November 1, when Envision announced it was considering its options. The transaction is expected to close the fourth quarter of 2018. Read more


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Six Things to Know Before Buying a Physician Practice spotlight

Dermatology, ophthalmology, radiology, urology…the list goes on. Yet, in any physician practice management transaction, there are six key considerations that apply and, if not carefully managed, can derail a transaction. Download the 6 Things to Know Before Buying a Physician Practice to keep your physician practice management transactions on track.

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FCA Deeper Dive: Original Sources under the FCA's Public Disclosure Bar

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January 20, 2016

The FCA continues to be the federal government's primary civil enforcement tool for investigating allegations that healthcare providers or government contractors defrauded the federal government. In the coming weeks, we will take a closer look at recent legal developments involving the FCA. This week, we examine the FCA’s public disclosure bar and recent cases considering whether disclosures are sufficient to bar FCA claims.

Courts have continued to clarify the requirements for a relator to be considered an original source, and thus exempted from the public disclosure bar, under the FCA's pre-PPACA and post-PPACA versions. In these cases, courts have typically focused on the requirements that a relator have "direct and independent knowledge of the information on which the allegations are based" (pre-PPACA) and "knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions" (post-PPACA).

The Third and Sixth Circuits made significant rulings regarding the type of knowledge that a relator must possess to have "direct knowledge" to qualify as an original source under the pre-PPACA statute. In U.S. ex rel. Antoon v. Cleveland Clinic Foundation, 788 F.3d 605 (6th Cir. 2015), the Sixth Circuit held that "proof of first-hand knowledge of fraud" is "not a necessary component" to establishing direct knowledge and that "direct knowledge is knowledge gained by relator's own efforts and not acquired from labor of others." This case-by-case determination is controlled by the character of the relator's discovery and investigation. The Sixth Circuit found that the relator did not qualify as an original source because the "heart" of his FCA claim was founded on a review of medical records and he could only "speculate" about whether a physician was personally involved in the surgery that formed the basis of his fraud allegations. "Mere suspicion" that fraudulent activity resulted based on a review of medical records did not entitle the relator to original source status.

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Bass, Berry & Sims' Inside the FCA blog features news, commentary and thought leadership covering FCA, healthcare fraud and procurement fraud.

 

 


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