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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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Privacy & Data Security

Data breach, breach response, cyberliability, drones, and encryption are just a few of the terms that have worked their way into our vocabulary as businesses use evolving technologies to collect and maintain increasing amounts of electronic data. Competitive pressures require companies to take advantage of these efficiencies, but raise a host of new and ever-changing security risks, privacy considerations, compliance concerns, and legal requirements

Our interdisciplinary team provides immediate and practical guidance to our clients in this fluid yet dynamic area. Our attorneys work in all industry sectors – including retail, healthcare, financial services, and information brokerage – on a wide array of data security, privacy, and cyberliability issues. Our experience and knowledge encompasses a myriad of laws and regulations, including HIPAA/HITECH, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (FCRA), and the credit card industry's PCI Standards, spanning multiple jurisdictions, both international and domestic. In addition, we have a team focused on the range of issues that arise from use of unmanned aircraft systems (UAS) (i.e., drones), including FAA regulatory requirements; applicable state laws; software contracts; intellectual property, data security, and invasion of privacy concerns; insurance coverages; import/export matters, product liability hazards, and general liability and litigation issues.

With regard to HIPAA/HITECH specifically, we counsel hospital companies and healthcare providers on the increasingly stringent federal laws and regulations related to HIPAA compliance and the privacy and security of personal health information, including federal and state security standards, business associate standards and breach reporting requirements. We navigate state and other requirements related to the responding to data breaches and preventing identity theft, implementing necessary policies and training employees. As providers are incorporating information security and electronic health records (EHR) into their compliance plan and patient experience, we counsel them with respect to the use of mobile devices, including physician use of mobile devices to transmit and access electronic patient records.

Our attorneys assist clients with:Data Security Graphic

  • Data security and privacy policies and procedures
  • Incident response plans
  • Employee training
  • Negotiation of vendor and other business partner contracts
  • Investigation of data security incidents
  • Data breach responses and customer notifications
  • Cybercrime investigations and reporting
  • Interacting with law enforcement and regulators
  • Pursuit of claims against responsible parties
  • Defense of claims from customers, business partners and regulators

Our team has spoken before groups such as the Securities Industry and Financial Markets Association (SIFMA), the Tennessee Banker's Association (TNBA), the Tennessee Society of Certified Public Accountants (TSCPA), and the Middle Tennessee Title Agents' Association on legislative, regulatory, and practical developments in the evolving world of data security, privacy, and cyberliability.


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