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Attorney Spotlight

How does Jessie Zeigler anticipate the intersection of privacy and smart technology will impact the future of litigation? Find out more>

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Experience Spotlight

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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Thought Leadership Spotlight

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.

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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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