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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 Spotlight

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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New Bill May Require Companies to Address Directors' Cybersecurity Expertise

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January 6, 2016

To date, publicly traded companies have not been required to nominate directors who are cybersecurity experts, though Commissioner Luis A. Aguilar of the Securities and Exchange Commission (SEC) has recommended strongly that companies at least consider nominating some directors with technological expertise or knowledge.1 Legislation recently introduced by Senators Jack Reed (D-RI) and Susan Collins (R-ME) aims to embrace Commissioner Aguilar's suggestion. The Cybersecurity Disclosure Act of 2015 (S.2410) would require the SEC to issue rules requiring public companies to disclose in their annual reports or proxy statements whether any members of a company's board of directors have any expertise or experience in cybersecurity and, if none, to describe what other steps have been taken to address cybersecurity when evaluating potential nominees.

This proposed legislation does not require companies to nominate directors with cybersecurity expertise or experience; however, it opens the door to potential shareholder scrutiny if companies decline to nominate such directors. Though it is uncertain whether this bill will pass, its introduction continues the growing trend of increased regulatory and legislative scrutiny regarding cybersecurity and how companies address cyber threats.

Bass, Berry & Sims will continue to monitor and provide updates as we track cybersecurity legislation. If you have questions regarding the potential effects of this legislation or any other cybersecurity concerns relating to your organization, please contact an attorney on our Data Security & Privacy Team.


1Luis A. Aguilar, Commissioner, SEC, "Cyber Risks and the Boardroom" Conference at the New York Stock Exchange (June 10, 2014) ("I commend the boards that are proactively addressing these new risks of the 21st Century. However, while enhancing board knowledge and board involvement is a good business practice, it is not necessarily a panacea to comprehensive cybersecurity oversight."), available at http://www.sec.gov/News/Speech/Detail/Speech/1370542057946


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