J. Taylor Chenery

Representative Experience

• U.S. ex rel. Benaissa v. Trinity Health

  Lead counsel representing nonprofit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by DOJ, district court dismissed the lawsuit on grounds that relator did not plead his claims with requisite specificity.  U.S. ex rel. Benaissa v. Trinity Health, 2018 WL 6843624 (D.N.D. Dec. 31, 2018).

  Bass, Berry & Sims served as lead counsel representing a nonprofit North Dakota health system in a qui tam lawsuit alleging...
  Read More
• CenseoHealth Sold to New Mountain Capital

  Represented CenseoHealth in its sale to New Mountain Capital

  We represented CenseoHealth in its sale to New Mountain Capital. The transaction closed in December 2017 and terms of the...
  Read More
  Client Type: Private Company
• Disclosure Counsel for Audit Committee of Board of Directors of Bank of America

  Engaged in 2010 to serve as independent disclosure counsel to the Audit Committee of the Board of Directors of Bank of America pursuant to a settlement order entered into by Bank of America and the SEC

  We were engaged in 2010 to serve as independent disclosure counsel to the Audit Committee of the Board of Directors...
  Read More
  Client Type: Public Company
• Representation of Hospice Company: U.S. ex rel. Hinkle v. Caris Healthcare, LP (E.D. Tenn.)

  Representation of hospice provider in intervened FCA action pending in Eastern District of Tennessee based on allegations that hospice services provided not medically necessary

  We served as lead counsel representing a multi-state hospice provider in an investigation of alleged False Claims Act (FCA) violations...
  Read More
• U.S. ex rel. Ramsey v. Censeo Health, L.L.C.

  Represented Medicare Advantage service provider in qui tam alleging that defendants caused inflation of risk adjustment scores. U.S. ex rel. Ramsey v. Censeo Health, L.L.C., No. 3:14-cv-118 (N.D. Tex.)

  We represented Medicare Advantage service provider in qui tam alleging that defendants caused the inflation of risk adjustment scores. U.S....
  Read More
• U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc.

  Lead counsel representing senior living companies in qui tam lawsuit alleging defendants fraudulently billed Medicare for home health services. District court dismissed lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 2017)

  We are serving as lead counsel to Brookdale Senior Living in a qui tam lawsuit alleging that defendants fraudulently billed Medicare for...
  Read More
• U.S. ex rel. Dennis v. Health Management Assocs. (HMA)

  Representation of hospital in DOJ/HHS-OIG investigation of physician relationships, resulting in declination of intervention by the government and district court’s dismissal of relator’s FCA claims

  We represented Health Management Associates (HMA) in a DOJ/HHS-OIG investigation of physician relationships, resulting in declination of intervention by the...
  Read More
  Client Type: Private Company
• U.S. ex rel. Stratienko v. Chattanooga-Hamilton Co. Hosp. Auth.

  Lead counsel representing Erlanger Medical Center in DOJ/HHS-OIG investigation arising from qui tam lawsuit alleging violations of Anti-Kickback Statute, Stark Law, and Corporate Integrity Agreement. After government declined intervention in case, federal district court ruled that relator’s claims were barred by the public disclosure bar. Reported decisions: U.S. ex rel. Stratienko v. Chattanooga-Hamilton County Hosp. Auth., 958 F. Supp. 2d 846 (E.D. Tenn. 2013) & U.S. ex rel. Stratienko v. Chattanooga-Hamilton County Hosp. Auth., 2014 WL 7912981 (E.D. Tenn. Mar. 28, 2014)

  We served as lead counsel to Erlanger Medical Center (a medical center owned by Chattanooga-Hamilton County Hospital Authority) in a...
  Read More
• U.S. ex rel. Osheroff v. HealthSpring, Inc.

  Representation of HealthSpring in DOJ/HHS-OIG investigation involving allegations that defendant had violated the Anti-Kickback Statute and rules governing marketing of Medicare Managed Care Organizations, resulting in declination of intervention by government and district court’s dismissal of relator’s FCA claims

  We represented HealthSpring, a publicly traded managed care organization, in DOJ/HHS-OIG investigation involving allegations that the defendant had violated the...
  Read More
• U.S. ex rel. Whipple v. Chattanooga-Hamilton Co. Hosp. Auth.

  Lead counsel representing Erlanger Medical Center in DOJ/HHS-OIG investigation arising from qui tam lawsuit alleging that health system improperly billed hospital short-stay admissions as inpatient instead of outpatient claims. After the government declined intervention in case, federal district court substantially reduced the period of liability at issue in the lawsuit, after which time, parties settled the case. U.S. ex rel. Whipple v. Chattanooga-Hamilton Co. Hosp. Auth., 2015 WL 7455557 (Nov. 23, 2015)

  We served as lead counsel to Erlanger Medical Center (a medical center owned by Chattanooga-Hamilton County Hospital Authority) in a...
  Read More