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What is Shannon Wiley looking forward to at this year's Asembia Specialty Pharmacy Summit? Find out more>


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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

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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.

GovCon Blog: "Standard" Flow-downs No More?

Firm Publication


April 26, 2016

Contractors may be familiar with receiving a long list of flow-down provisions from their prime contractor that don't seem to apply to them or are burdensome to comply with. This entails pushback to tailor flow-downs or even acts as a barrier for some companies to enter into the federal marketplace at all. The House Armed Services Chairman apparently agrees this may be the case, and pursuant to his proposed NDAA 2017, the Secretary of Defense would be required to enter into a contract with an independent entity to:

  1. Identify the required flow-downs in the FAR and DFARS;
  3. Identify flow-down provisions critical for national security;
  5. Examine which clauses are applied inappropriately to subcontracts;
  7. Assess applicability of flow-downs for the purchase of commodity items that are acquired in bulk for multiple acquisition programs;
  9. Determine unnecessary costs or burdens flow-downs place on the supply chain; and
  11. Determine the effect of flow-downs on the participation rate of small businesses and non-traditional defense contractors in defense procurements.

If this provision makes its way into the final version of the NDAA for 2017, we can expect a briefing on interim findings by March 1, 2017, and a final report to the congressional defense committees by August 1, 2017. So, don't expect the flow-downs to be eliminated anytime soon!


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