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Paige Mills discusses how the recent U.S. Supreme Court decision in TC Heartland v. Kraft is impacting patent cases. Read more>

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On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

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FCPA: 2016 Year in Review & 2017 Enforcement Predictions

A review of trends and developments in FCPA as well as a look ahead into what to expect for 2017. This report aims at providing corporate leaders and companies with the knowledge they need to comply with the FCPA and avoid litigation in 2017.

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Operating Room, Law360 Health Group of the Year

Healthcare

Marked by an integrated approach and unmatched healthcare regulatory knowledge, the healthcare practice of Bass, Berry & Sims is a team of more than 160 experienced healthcare attorneys who leverage their diverse strengths to meet the unique demands of our clients. We have contributed to the evolution of Nashville as the nation's capital of healthcare delivery and entrepreneurialism. From this experience, we know that issues impacting healthcare organizations require a multidisciplinary team informed by historical perspective. Because of this depth, the firm is ranked as the sixth largest healthcare law firm in the U.S. by American Health Lawyers Association (AHLA).

We provide healthcare regulatory counsel to 35 publicly traded healthcare companies and more than 200 businesses in the healthcare industry located throughout the United States. We have extensive experience in representing investors, lenders and investment banking firms in financing transactions for healthcare companies. Our team has advised on more than $85 billion in healthcare transactions and more than $30 billion in debt and equity offerings.

Marked by an integrated approach and unmatched healthcare regulatory knowledge, the healthcare practice of Bass, Berry & Sims is a team of more than 160 experienced healthcare attorneys who leverage their diverse strengths to meet the unique demands of our clients. We have contributed to the evolution of Nashville as the nation's capital of healthcare delivery and entrepreneurialism. From this experience, we know that issues impacting healthcare organizations require a multidisciplinary team informed by historical perspective. Because of this depth, the firm is ranked as the six largest healthcare law firm in the U.S. by American Health Lawyers Association (AHLA).

We provide healthcare regulatory counsel to 35 publicly traded healthcare companies and more than 200 businesses in the healthcare industry located throughout the United States. We have extensive experience in representing investors, lenders and investment banking firms in financing transactions for healthcare companies. Our team has advised on more than $85 billion in healthcare transactions and more than $30 billion in debt and equity offerings.

Our healthcare attorneys encompass the multitude of legal specialties necessary to service one of the largest, most highly regulated industries in the United States. We bring our multidisciplinary, team approach to our representation of the following industries:

  • Academic medical centers
  • Ambulatory surgery centers
  • Behavioral health
  • Cancer therapy
  • Clinical laboratories
  • Dermatology
  • Diagnostic imaging
  • Disease management & wellness
  • Health plans
  • Healthcare information technology
  • Home health
  • Hospice
  • Hospitals and health systems
  • Life sciences
  • Managed care
  • Medical device
  • Medical transportation
  • Nonprofit providers
  • Physician practice management
  • Physician services
  • Private equity
  • Real Estate Investment Trusts (REITs)
  • Revenue cycle management
  • Senior housing & long-term care
  • Specialty pharmacy & pharmaceuticals
  • Telemedicine
  • Urgent & retail care clinics

At the core, our Healthcare Regulatory Team navigates complex state and federal regulations across all healthcare sectors including four major areas:

  • Mergers, acquisitions and dispositions
  • Joint ventures and syndications
  • Contracting, regulatory and operational matters
  • Compliance and investigations

We work directly with healthcare clients dealing with critical healthcare compliance, regulatory and operational needs including:

  • Affordable Care Act compliance
  • Anti-Kickback Statute
  • Stark Law
  • Reimbursement
  • Licensing and certification
  • Corporate compliance programs
  • Payor audits including RACs, ZPICs, and MICs
  • HIPAA privacy and security compliance
  • Internal and government investigations before the OIG and DOJ
  • Managed care contracting
  • Certificate of need and health planning

The firm's legal proficiency draws on the backgrounds of numerous healthcare attorneys who have honed their skills with in-house counsel positions, the U.S. Securities and Exchange Commission (SEC), the U.S. Department of Justice (DOJ) and U.S. Attorneys' offices.

For the last two years, Chambers USA ranked the firm in the Nationwide category and in 2017 we were named a finalist in the Chambers USA 2017 Awards for Excellence, recognizing a firm's pre-eminence in key practice areas. Chambers USA has ranked Bass, Berry & Sims as one of the top healthcare law firms in Tennessee for the past 10 years. In their research, Chambers concluded the firm had "[d]eep bench with varied expertise across both regulatory and transactional healthcare. Well equipped to handle significant multistate M&A deals, recapitalizations and dispositions" and reported that clients said "I think they're a fantastic firm. They have an extremely deep understanding of healthcare and very talented attorneys. I enjoy having them on my side. They are very effective." (from Chambers USA 2017)

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Areas of Focus

  • + Academic Medical Centers & Nonprofit Providers

    • In the course of providing an incredible service to the American public, nonprofit hospitals and academic medical centers drive innovation while facing rigorous regulatory, transactional, operational and strategic business concerns.

      More than one-half of U.S. hospitals operate under tax-exempt status, which adds an additional layer of complexity to the already daunting regulatory environment in which they operate. Our integrated approach for these clients draws on our well established healthcare regulatory and transactional experience as well as our extensive tax and intellectual property practice.

      We routinely advise nonprofit, teaching and research hospitals on a variety of issues including:

      • Fraud and abuse compliance
      • False Claims Act litigation
      • Health Insurance Portability and Accountability Act (HIPAA) compliance
      • Physician practice acquisitions and integration
      • Accountable Care Organization (ACO) exploration
      • Affordable Care Act (ACA) implementation
      • Medical staff and peer review compliance
      • Clinical research
      • Clinical integration
      • Reimbursement and payment issues
      • Intellectual property and trade secrets
      • Commercializing technology
      • Labor and employment concerns
      • Exempt status issues
      • Private inurement and unrelated business income tax
      • Investor negotiations
      • Non-profit to for-profit conversions
      • Structuring taxable and tax-free acquisitions and joint ventures
      • CON, licensure, and operational issues
  • + Behavioral Health Centers

    • We serve the behavioral health industry with a keen sense of mission. Healthcare entities that serve individuals with behavioral and psychological disabilities face a unique range of legal and business issues. As long-time providers of full-service counsel to clients in this sector, Bass, Berry & Sims has extensive knowledge of the sensitive challenges and complex issues confronting these providers.

      We represent hospitals, clinics, managed behavioral healthcare organizations and professional associations. We have distinct experience with the legal challenges and complicated contractual difficulties affecting providers, health plans, mental health carve-out entities, employers and patients.

      We are adept at advising on these issues:

      • Mental health parity laws
      • Privacy 
      • Patient record confidentiality, including federal restrictions on the disclosure of substance abuse
      • Standard of care
      • Peer review
      • Duty to warn
      • Regulatory compliance
      • Operational and licensure compliance, including seclusion and restraints
      • Medicare hospital within a hospital requirements
      • Mergers and acquisitions
      • Contracting
      • Risk management
  • + Durable Medical Equipment Suppliers

    • The Durable Medical Equipment (DME) market, which provides essential services and products ranging from infusion therapies to prosthetics and motor-powered mobility devices, is in a newly heightened state of government oversight, while it remains vital to the growing number of Medicare beneficiaries who wish to retain independence in their homes.

      We have significant experience in helping our DME clients successfully navigate increasingly strict enrollment and accreditation requirements as well as the rapidly changing supplier standards that govern their daily operations.

      We advise DME suppliers through:

      • High-profile Medicare fraud investigations 
      • Government audits
      • Internal investigations
      • Strict accreditation and enrollment requirements
      • Supplier Standards compliance
      • Acquisitions and other ventures
  • + Home Health Providers

    • Government scrutiny has steadily accelerated for the home health industry. As a result, we provide representation for home health providers on three essential fronts: acquisitions, avoidance of transactional and operational risk and direct support for those facing investigation.

      Home health providers benefit from our access and knowledge of market players and trends. This industry will continue to be regulated by laws and highly specific regulations. It is therefore vitally important that they be able to rely on our focus and comprehensive understanding of the legal and business issues most important to them.

      We advise home health providers through:

      • Mergers and acquisitions
      • Transactional contracts and negotiation
      • Operating contracts and negotiation
      • Risk-sharing agreements
      • Licensure and certification
      • Medicare cost reimbursement matters including those stemming from prospective payment system (PPS)
      • Third-party fiscal adjustments
      • Comprehensive compliance programs 
      • Administrative appeals and hearings
      • Government investigations
  • + Hospice Providers

    • With so many special legal and business needs tied to the sensitivities of dignified end-of-life care, the hospice industry demands a discretely focused team of lawyers. We provide in-depth guidance to help clients navigate the Centers for Medicare and Medicaid Services (CMS) rules that govern continuing Medicare hospice program participation.

      We also deliver vital in-house training, designed to assure that hospice staff and administrators are kept constantly apprised of all significant practical details related to standards of care.

      We serve hospice clients on a variety of issues and strategies including:

      • Licensure and certification
      • Mergers and acquisitions
      • Transactional contracts and negotiation
      • Operating contracts and negotiation
      • Risk-sharing agreements
      • Comprehensive compliance programs 
      • Audits and appeals
      • Government investigations
  • + Hospitals & Health Systems

    • Our clients range from small, regional and community hospitals to the nation's leading provider of healthcare services.

      Our legal, business and operating experience for hospitals includes:

      • Mergers and acquisitions
      • Joint ventures
      • Dispositions
      • Fraud and abuse
      • Health Insurance Portability and Accountability Act (HIPAA)
      • State law issues
      • Contract review and negotiation
      • Global capitation agreements
      • Private placements and public offerings of securities
      • Licensure
      • Medicare certification
      • Medical staff bylaws
      • Medicare reimbursement matters
      • Negotiating with manufacturing and distribution entities
      • Billing issues
      • Compensation structures
      • Government investigations
      • Corporate compliance programs
      • Reimbursement 
      • Bankruptcy
      • Litigation
  • + Long-term Care Facilities

    • As the country's population of seniors continues to grow at a fast pace, pressure and demands increase on the long-term care and senior living industry. Our years of experience representing large national owners, operators, providers and developers in this space, as well as lenders to such companies, give us a unique perspective into this healthcare industry sector and the regulatory and financial challenges faced by both large and small companies.

      Our clients are assisted living facilities, independent living facilities, continuing care retirement communities, skilled nursing facilities, home health providers, rehabilitation and hospice care providers. The services that we provide to them include:

      • Assistance with corporate transactions, including mergers, acquisitions, private equity investments and joint ventures, and securities law compliance
      • Healthcare regulatory analysis and operational matters
      • Counseling on issues related to reimbursement
      • Fraud and abuse investigations
      • Representation in a variety of financing transactions with banking institutions, insurance companies, REITs and other institutional lenders, including RIDEA structured ventures.
      • Assistance with real estate transactions
      • Advice on intellectual property and technology needs, including the acquisition and delivery of financial and clinical information systems
      • Counseling on labor and employment matters, including the classification of employees and unionization issues
      • Litigation
  • + Outpatient Service Providers

    • Advances in healthcare and skyrocketing medical costs have led to a dramatic increase in the number of outpatient service providers.

      Outpatient clinics, retail and urgent care centers, emergency rooms, ambulatory or same-day surgery centers, diagnostic and imaging centers, primary care centers, community health centers, occupational and rehabilitation health centers, behavioral health programs, dialysis clinics and ancillary practices have proliferated as a result.

      Our firm represents outpatient service providers operating in all 50 states and routinely advises these clients in the following areas:

      • Operational issues including developing policies and procedures, licensure, Medicare certification, medical staff bylaws, peer review and credentialing 
      • Medicare and third party payor reimbursement, audits and appeals
      • Start-up formation and investor arrangements
      • Joint-venture structuring and negotiations
      • Fraud and abuse compliance and investigations
      • Corporate compliance
      • Vendor relations
      • Employment
      • Bankruptcy
  • + Physician & Dental Practice Management Companies

    • Our clients include physician and dental practice management companies, as well as hospitals and health systems who seek to acquire large physician groups and dental practices. We work with them to create smart business and operating structures based upon best practices as well as ensure full compliance with federal and state healthcare regulations.

      We provide our clients with multidisciplinary legal teams able to seamlessly address multiple professional, legal and business needs and opportunities including:

      • Operational issues
      • Regulatory compliance
      • Billing
      • Compensation
      • Third-party payor issues
      • Contracting
      • Licensing
      • Professional conduct exposure
      • Recruitment
      • Hospital physician relationships

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