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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Operating Room

Health IT Software Vendor Disputes

Helping hospitals fight against defective software from health IT vendors

Hospitals and health systems have never before been so dependent on Healthcare Information Technology (HIT) systems. Seamless patient billing, patient accounting and EMR software is key to 21st-century healthcare – and faulty software can cause not only significant damages to the hospital’s revenue, but a hefty cost of deinstallation.

When software fails, hospitals often believe one-sided contracts shield the vendor from liability. Bass, Berry & Sims Member Michael Dagley and team fight for hospitals in health IT vendor disputes – recently winning more than $100 million on behalf of a health system over a defective patient accounting system.

Hospitals can't afford a failed health IT software implementation or blown conversion. The stakes are too high. From ensuring contracts with vendors are fairly arranged to litigating a software dispute, Michael Dagley and other Bass, Berry & Sims attorneys are ready to assist with health IT software vendor liability.


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As the use of health information technology (HIT) continues to grow in importance to hospitals, health systems and other provider organizations, disputes between healthcare organizations and IT vendors are becoming more common. When IT vendors fail to deliver on their promises, it is the healthcare providers who sustain the financial and reputational damages. Consider these recent examples:

  • A Florida hospital that is negotiating a long-term lease with national hospital company HCA had to lower its asking price by $12.5 million because of an HIT contract that HCA believes is too costly.
  • In Georgia, a hospital CEO lost his job after a failed EHR implementation.
  • IT vendors have historically dictated the contract terms to hospitals and health systems but that is now changing.




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