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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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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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Labor Talk Blog: Increasing Pressure Toward Employer Transparency

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August 29, 2016

Recent developments show that employers face both incentives and threats from the Obama Administration designed to ensure that employees know of their right to engage in "whistleblowing" (i.e., sharing possible unlawful activity with government agencies). Two recent examples are the federal Defend Trade Secrets Act (DTSA) and recent enforcement actions by the Securities and Exchange Commission (SEC).

The DTSA, enacted on May 11, 2016, provides employers with the right to recover greater damages if an employee has misappropriated trade secrets "willfully and maliciously." But, the ability to recover these greater benefits are available only if the employer has informed employees of their right to disclose trade secrets without any civil or criminal liability if done solely in whistleblowing – i.e., if shared with a government official or attorney "solely for the purpose of reporting or investigating a suspected violation of law" or in filing a lawsuit with the trade secrets under seal. Thus, while the DTSA provides employers with the possibility of obtaining greater benefits, it requires employers to disclose in writing the employees' immunity from prosecution if the trade secret disclosure occurs solely as part of a whistleblowing activity.

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To continue reading the content in this article on the firm's Labor Talk blog, please click here to view the post.

Bass, Berry & Sims' Labor Talk blog ;features news, commentary and insights on the complicated and constantly changing labor and employment laws affecting employers.


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