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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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Experience Spotlight

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.

D.C. Circuit Strikes Down TCPA Fax Opt-Out Requirement

Firm Publication


March 31, 2017

The D.C. Circuit today overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the Telephone Consumer Protection Act (TCPA) to regulate communications sent with the recipient's prior express invitation or permission. The TCPA expressly authorizes the FCC to issue rules regulating unsolicited fax advertisements—and requires that those faxes contain an opt-out notice—but makes no mention of solicited faxes. The D.C. Circuit thus held that the FCC's regulation exceeded the scope of the agency's authority to regulate solicited fax communications.

This decision eases the regulatory burden associated with faxes and has a significant impact on health care companies' and other industries' fax communications, where providers and manufacturers rely on faxes to comply with regulatory obligations. The Consumer Financial Services Group at Bass, Berry & Sims previously published an alert on oral argument in Yaakov v. FCC, which provides more information on the issues in this case.

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