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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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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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