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How did a clerkship with Judge Merritt change the way Chris Climo approaches the practice of law? 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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Thought Leadership Spotlight

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.

Dale Grimes Authors Article on Antitrust Focus in Healthcare Consolidations

Becker's Hospital Review

Publications

June 20, 2016

Bass, Berry & Sims attorney Dale Grimes authored an article for Becker's Hospital Review outlining the antitrust concerns that can accompany healthcare consolidations. As Dale points out in the article, "[w]hether by merger or acquisition, joint venture, clinical integration, or some other form of alignment, consolidating or affiliating with other provider organizations carries the risk of an antitrust investigation and challenge by federal or state enforcers, and often both." According to research cited in the article, nearly "half of the FTC's enforcement actions were in the healthcare sector from 2011 to 2015, with 24% in 'Health Care–General,' and 26% in 'Health Care–Pharmaceuticals & Medical Devices.'"

Dale also discusses several recent antitrust cases and outlines some lessons learned from these , such as:

  1. The FTC as well as state enforcers are indeed watching. 
  2. The number of physicians joining together in a group merger is not a determining factor. 
  3. Planning a merger for the sole purpose of increasing bargaining power is unwise and dangerous.
  4. Bad documents can sink a merger.

The full article, "Under the Microscope, Antitrust Enforcers Focus on Healthcare Consolidations," was published by Becker's Hospital Review on June 20, 2016, and is available online.


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