Representative Experience

• Pro Bono Work Helps Grow Social Enterprise Organization in Nashville
  One of the firm’s strategic pro bono priorities is empowering community, and our work with Harvest Hands Community Development Corporation...
• Representation of National Healthcare System of Potential Diversion and Updated Compliance Processes

  Represented Texas hospital and national healthcare system in investigating potential diversion by former hospital nurse.

• Successful Defense of Hospice in OIG-OAS Audit

  We successfully defended a regional hospice in a responding to an audit conducted by the Office of Audit Services of the Health and Human Services’ Office of Inspector General (OIG-OAS) and appealing the results recommended in the OIG-OAS final report. Our representation resulted in a reduction of the original overpayment in the OIG-OAS final report from $7.3 million to $79,000 on appeal.

• Successful Defense of National Hospice Provider’s Alleged Non-Compliance with Federal Hospice Quality Reporting Requirements

  Successful defense of a national hospice provider against Centers for Medicare & Medicaid Services’ (CMS) determination that the provider failed to meet Hospice Quality Reporting Program (HQRP) requirements for Calendar Year 2021. This alleged non-compliance would have resulted in a 2% reduction in the provider’s annual payment update for Fiscal Year (FY) 2023. Through the HQRP reconsideration process, Bass Berry & Sims successfully demonstrated that CMS’ determination of non-compliance was erroneous because CMS’ inadvertent termination of the provider caused a systemic problem with the provider’s submission of requisite HQRP, Hospice Item Set data. At reconsideration, CMS reversed its initial determination of non-compliance and granted the provider the full FY 2023 annual payment update.

• Successful Defense of Two Agencies Alleged Non-Compliance with Federal Hospice Quality Reporting Requirements

  Successful defense of two agencies of a national hospice provider against Centers for Medicare & Medicaid Services’ (CMS) determination that the provider failed to meet Hospice Quality Reporting Program (HQRP) requirements for Calendar Year 2021. This alleged non-compliance by both agencies would have resulted in a 2% reduction in the provider’s annual payment update for Fiscal Year (FY) 2023. Through the HQRP reconsideration process, Bass Berry & Sims successfully demonstrated that, despite guidance to the contrary, CMS’ non-compliance determination erroneously included timeframes in which each provider was not responsible for submitting HQRP, Hospice Item Set data. When such inappropriate time periods were excluded from consideration, both providers clearly satisfied HQRP requirements. Therefore, CMS reversed its initial determination of non-compliance and granted the provider the full FY 2023 annual payment update.

• CON Approved for West Tennessee Healthcare

  Lead counsel to West Tennessee Healthcare in obtaining a Certificate of Need (CON) to convert its existing hospital-based outpatient surgery center to a freestanding multi-specialty surgery center that will provide state-of-the art services

• CON Approved for Leading Children’s Research Hospital

  Lead counsel to a Memphis-based children’s research hospital in obtaining a Certificate of Need (CON) to initiate home health services

• CON Approved for Acadia Healthcare in Nashville

  Lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate of Need (CON) to open a state-of-the-art opioid treatment program (OTP) facility in suburban Nashville, Tennessee

• CON Approved for Acadia Healthcare in East Tennessee

  Lead counsel to Acadia Healthcare Company, Inc. in its efforts to obtain a Certificate of Need (CON) to open a state-of-the-art opioid treatment program (OTP) facility in Cleveland, Tennessee

• Pro Bono Work Secures Social Security Disability for Client
  In October 2019, we partnered with the Legal Aid Society of Middle Tennessee to work pro bono on a Social...