Bass, Berry & Sims’ attorneys have served in regulatory auditor and monitor roles for some of the most preeminent companies and organizations in the world, including the New York Stock Exchange (NYSE). With a practice that focuses on various industries, including international business and healthcare, we are able to offer insight in several key areas of government enforcement. As government-approved monitors, our attorneys have extensive experience evaluating and monitoring the implementation of remedial measures and internal controls following allegations of unlawful conduct or deficiencies. We have credibility with enforcers, a proven record of independence, the capacity to handle long-term and in-depth reviews, and exceptional cost-efficiency.
Our team includes former officials from U.S. Securities & Exchange Commission (SEC); U.S. Department of Justice (DOJ); U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Federal Trade Commission (FTC); as well as a former Tennessee Attorney General.
Our attorneys have provided Foreign Corrupt Practices Act (FCPA) assistance to companies in a variety of sectors and many of our team members have lived and worked overseas. We understand and appreciate the cultural and compliance challenges that occur in international business and the importance of achieving compliance objectives while minimizing the effect on business operations.
We satisfy each of the following key criteria for FCPA monitors:
Our healthcare attorneys have decades of experience in healthcare fraud and abuse and False Claims Act (FCA) enforcement. We have a deep understanding of healthcare laws, including Medicare and Medicaid billing and reimbursement, the federal Anti-Kickback Statute, and the Physician Self-Referral Law (Stark). Our attorneys include former DOJ and Department of Health and Human Services Office of Inspector General (OIG) officials.
Similar to our FCPA experience, our healthcare attorneys are well-acquainted with government enforcement generally as well as the various agencies, offices, and individuals tasked with investigating and resolving healthcare fraud matters. Various members of our team have experience not only in representing clients who are negotiating and navigating Corporate Integrity Agreements (CIAs), but also in acting as monitors, legal independent review organizations (LIROs), and compliance experts under healthcare CIAs.
Our team was selected as an outside compliance advisor for a global healthcare provider. We served in this role for a three-year assignment conducting annual reviews of referral source arrangements, including review of all physical contracts, internal procedures and documentation, to identify compliance gaps and areas for improvement in the structure and approval process. We’ve also served as the outside compliance advisor of a national hospital management company under a CIA. This assignment included a comprehensive compliance program review, interviews of employees and executives, and preparation of an annual report in two consecutive years that the OIG accepted without comment or additional inquiry. In addition, we’ve acted as the independent monitor and LIRO for a large healthcare provider and a hospital, respectively, operating under OIG corporate integrity agreements.
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
Served as the Regulatory Auditor for the NYSE pursuant to the terms of an order of the SEC
Served as Regulatory Auditor for the NYSE Amex LLC
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.