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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 Private Equity Compliance Checklist

The complex and ever-changing healthcare regulatory and enforcement environment, including increased focus on the role of private equity firms in their portfolio companies, make compliance a top priority for private equity firms investing in healthcare companies. The best way to limit your exposure as a private equity firm is to avoid a compliance misstep in the first place. Additionally, an effective and robust compliance program for your portfolio healthcare company makes it much more attractive to potential buyers and helps you avoid an unexpected and costly investigation or valuation hit down the road. Download the Healthcare Private Equity Compliance Checklist to assess whether your portfolio company's compliance program is up-to-date.

Click here to download the checklist.

Dustin Carlton Authors Article on Legality of Medical Marijuana in the Workplace

HR Dive


February 23, 2018

Bass, Berry & Sims attorney Dustin Carlton authored an article for HR Dive providing insight on where things stand legally related to medical marijuana in the workplace. Since 1970, marijuana has been listed as an illegal Schedule I drug under federal law. However, nine states and the District of Columbia have implemented measures for legalizing marijuana for both recreational and medicinal use, and 30 states have legalized marijuana use for strictly medicinal purposes. 

With new state laws permitting marijuana use, some employers have expressed concern about accommodating the use of medical marijuana use with disability discrimination laws. The Americans with Disability Act (ADA) states that a qualified disabled individual cannot be currently engaging in illegal drug use, which includes marijuana. Because of this, courts have generally found that employers are not required to accommodate the use of medical marijuana under the ADA or state statutes modeled after the ADA. 

However, some states have enacted laws which may require employers to provide an accommodation that would not impose an undue burden on the employer or otherwise pose a direct threat to the health and safety of other individuals. Courts have also begun to recognize an employer's duty to accommodate under such state laws, such as in Burbuto v. Advantage Sales & Marketing, LLC and Callaghan v. Darlington Fabrics Co. 

HR professionals should therefore be extra careful when evaluating whether they have any obligations to accommodate medical marijuana use, particularly in light of rapid cultural changes. "Although medicinal marijuana use remains illegal under federal law and employers are not required to provide an accommodation under the ADA, employers with jurisdictions where medicinal marijuana is legal under state law should consider revising their company policies and practices to contemplate accommodations for medical marijuana use."

The full article, "Medical Marijuana in the Workplace: Where Do Things Stand?," was published by HR Dive on February 20, 2018, and is available online.

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