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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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Sixth Circuit Affirms Dismissal of FCA Action Related to HITECH Meaningful Use Payments

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March 14, 2016

The Sixth Circuit recently became the first appellate court to consider and reject FCA liability based on a healthcare provider's alleged false attestation of compliance with the Health Information Technology for Economic and Clinical Health Act (HITECH) Act's meaningful use objectives. U.S. ex rel. Sheldon v. Kettering Health Network, 2016 WL 861399 (6th Cir. March 7, 2016). The HITECH Act was designed to encourage the adoption of Electronic Health Record (EHR) technology by healthcare providers through the creation of incentive payments for eligible providers. As a condition of receiving those incentive payments, the HITECH Act requires healthcare providers to meet meaningful use objectives and compliance measures concerning the adoption of EHR technology.

The relator alleged that Kettering failed to meet the HITECH Act's meaningful use objectives and compliance measures after Kettering informed relator of isolated breaches of the medical records of the relator and certain family members. In addition, the relator alleged that Kettering failed to run "CLARITY" reports from Kettering's software system, which would have helped Kettering to monitor improper access to patient medical records. Based on these allegations, the relator claimed that Kettering's meaningful use attestation was false and that this false certification resulted in improper meaningful use incentive payments being made to Kettering.

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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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