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How did an interest in healthcare policy lead Robert Platt to a career in the 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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GDPR Top 5 Actions You Should Take Now

The EU's General Data Protection Regulation (GDPR) went into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly approaching, most organizations are still grappling with the implications of the regulation on their business. Even if your readiness efforts are behind the curve, the GDPR Top 5 Actions You Should Take NOW will help you begin your efforts towards compliance and help mitigate your organization's risk in the short-term.

Click here to download the checklist.

FTC Announces Annual Revised HSR Thresholds, Increased Penalties

Firm Publication

Publications

January 25, 2017

The Federal Trade Commission has announced revised thresholds applicable to Hart-Scott-Rodino (HSR) notification requirements, which will be effective in late February 2017. The revised thresholds are:

Size-of-Transaction Test: The threshold used in the size-of-transaction test will increase from $78.2 million to $80.8 million.

Size-of-Persons Test: The sales and assets thresholds used in the size-of-persons test will increase from $15.6 million to $16.2 million and from $156.3 million to $161.5 million, respectively. The size-of-transaction threshold above which the size-of-persons test no longer applies will increasefrom $312.6 million to $323.0 million.

Greater Notification Thresholds: These thresholds, which apply to subsequent acquisitions of voting securities made within five years after expiration or termination of the waiting period of a previous HSR filing for an acquisition of voting securities from the same issuer, were revised as follows:

2016 Threshold

Revised 2017 Threshold

$156.3 million

$161.5 million

$781.5 million

$807.5 million

25% of voting securities if valued at greater than $1,563 million

25% of voting securities if valued at greater than $1,615 million

50% of voting securities if valued at greater than $78.2 million

50% of voting securities if valued at greater than $80.8 million

Filing Fees: Filing fee thresholds based upon the value of assets or voting securities being acquired will be revised as follows:

Value of Transaction

Filing Fee

$80.8 million to
$161.5 million

$45,000

$161.5 million to
$807.5 million

$125,000

$807.5 million or more

$280,000

The penalty for HSR violations increased last year from $16,000 per day to $40,000 per day and is now annually adjusted. The daily penalty was increased to $40,654, effective on July 24, 2017.


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