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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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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.

Arbitration Regulation Bars Class Action Waivers

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July 11, 2017

On July 10, the Consumer Financial Protection Bureau(CFPB) issued its final rule preventing certain financial product and service providers from including in their consumer contracts pre-dispute arbitration provisions that bar consumers from filing or participating in class action lawsuits.

The rule requires those companies that include arbitration provisions in their contracts, and rely on the arbitration provision to dismiss or delay a lawsuit, to provide the CFPB court records relating to that proceeding, documents created as a result of an arbitration, and the award made, if any, The rule further requires the submission of any communication received from an arbitrator or arbitration administrator that an arbitration agreement does not meet the administrator's fairness principles, rules or other requirements.

The rule also mandates several specific disclosures be included in contracts containing a permitted arbitration provision, and contains optional disclosures allowed under certain circumstances.

Legal challenges to the rule are anticipated based on several grounds, including the reliability and accuracy of the data relied on to support the need for the rule to protect consumers, the methodology used by the CFPB, and that the CFPB exceeded its statutory authority. Further, Congress could nullify the rule, as Chairman Cordray himself acknowledged.

The final rule is effective 60 days after it is published in the Federal Register, but applies only to agreements entered into 180 days after the effective date.


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