Author Info for Bass, Berry & Sims PLC

William Abramson

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

Allison Wiseman Acker

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

Shayan Ahmed

New SEC Cover Pages Take Effect September 17

We have previously blogged about recent SEC rule changes to the definition of “smaller reporting company” (SRC) and XBRL. Our readers should know that a byproduct of these new rules include certain tweaks to the cover pages of…more

Accelerated Filers, Form 10-K, Form 10-Q, New Rules, Securities Act

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Elaina Al-Nimri

TCPA Exemptions for Healthcare Companies

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone…more

Auto-Dialed Calls, Cell Phones, Exemptions, Faxes, FCC

See all updates »

Idena Allen

Alaska Adopts New Out-of-State Pharmacy Requirements

On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements…more

Alaska, Applications, Jurisdiction, Licensing Rules, Non-Residents

See all updates »

Audrey Anderson

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to Challenge Preliminary Injunctions

With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The…more

Bostock v Clayton County Georgia, Colleges, Department of Education, Discrimination, Educational Institutions

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Theresa Androff

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit seeks…more

Class Action, Controlled Substances, Health Care Providers, Hospitals, Medical Malpractice

See all updates »

Richard Arnholt

DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program

On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity…more

Controlled Unclassified Information (CUI), Cybersecurity, Cybersecurity Maturity Model Certification (CMMC), Department of Defense (DOD), DFARS

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Taylor Ashley

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Ryan Baker

SEC Issues Risk Alert on Privacy Issues

The SEC has again signaled that now is the time for investment advisers and broker-dealers to get serious about compliance with Reg. S-P. For years, the SEC’s examination priorities have included a focus on cybersecurity and/or…more

Broker-Dealer, Customer Information, Cybersecurity, Data Breach, Data Privacy

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Denise Barnes

United States Files First Complaint Under the Civil Cyber-Fraud Initiative

On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that…more

Cybersecurity, Damages, Department of Defense (DOD), Department of Justice (DOJ), DFARS

See all updates »

Curtis Beem

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on a…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

Scott Bell

Update on SEC Climate Change Rules

In a never ending saga to the climate disclosure rules, on March 15, the Fifth Circuit temporarily stayed the recently adopted climate change disclosure rules…more

Annual Reports, Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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Angela Bergman

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Shelby Bess

Unveiling the Federal Corporate Transparency Act: Requirements, Compliance, and Implications

The Corporate Transparency Act (CTA) is a federal law that will require various types of businesses – such as corporations, limited liability companies, and limited partnerships operating in the United States – to begin to…more

Beneficial Owner, CFIUS, Corporate Transparency Act, Deadlines, FinCEN

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Susan Bilbro

False Claims Act Decisions to Know from Q2 2024

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and…more

Anti-Kickback Statute, Anti-Retaliation Provisions, False Claims Act (FCA), Fee Awards, First-to-File

See all updates »

Noah Black

Changes to Section 162(m) Affecting Deferred Compensation Arrangements

Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the…more

Compensation & Benefits, Covered Employees, Deferred Compensation, Executive Compensation, Grandfathering Rules

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Lillian Blackshear

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

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Kristin Bohl

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Michael Brady

FINRA Officials Provide Insight on Enforcement, Examination and Rulemaking Priorities Amid COVID-19 Pandemic

Virtual Meetings - Colby said that consistent with FINRA’s rules requiring in-person hearings, it has conducted no remote hearings. He said there have been a handful of remotely conducted FINRA arbitrations, but those are the…more

Coronavirus/COVID-19, Enforcement Actions, Financial Industry Regulatory Authority (FINRA), Regulation BI, Regulation S-P

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Robert Brewer

2023 Healthcare Private Equity Outlooks & Trends

As we kick off 2023, we are optimistic that the healthcare private equity (PE) market will be resilient despite various headwinds. As you think ahead, please consider the issues and trends summarized below that may be helpful to…more

Capital Markets, Cyber Attacks, Cybersecurity, Debt Market, Earn-Outs

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Adam Briscoe

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR…more

Arbitrary and Capricious, Bid Protests, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Justin Brown

Healthcare Private Equity: What to Expect for the Rest of 2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time high,…more

Acquisitions, Administrative Procedure Act, Corporate Transparency Act, Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Nathan Brown

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit seeks…more

Class Action, Controlled Substances, Health Care Providers, Hospitals, Medical Malpractice

See all updates »

Whitney Burnley

California GHG Emission Website Disclosure Legislation to Take Effect on January 1, 2024

Recently, the State of California enacted Assembly Bill 1305: the Voluntary Carbon Market Disclosures Act (AB 1305), which requires companies, under certain circumstances, to make website disclosures of certain information about…more

California, Civil Monetary Penalty, Compliance, Disclosure Requirements, Enforcement

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Emily Burrows

EU’s AI Act – Coming to an AI Near You

On August 1, the European Union’s Artificial Intelligence Act (Act) entered into force. This groundbreaking legislation is set to be implemented in stages over the coming years and is expected to have a profound impact on the…more

Artificial Intelligence, EU, Machine Learning, New Legislation, Regulatory Requirements

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Bryan Bylica

2024 Healthcare Private Equity Outlook & Trends

W ith various headwinds resulting in down volume in 2023, buyers and sellers alike find themselves asking whether 2024 will see a rebound in deal activity. As we begin 2024, we have highlighted the issues and trends that private…more

Acquisitions, Artificial Intelligence, Corporate Transparency Act, Department of Justice (DOJ), Diversity

See all updates »

Latazia Carter

False Claims Act Settlements to Know from Q2 2024

Halfway through 2024, the government’s False Claims Act (FCA) enforcement efforts show few signs of letting up. Last month alone, the Department of Justice (DOJ) announced at least five eight-figure FCA settlements, resolving…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

See all updates »

Stefanie Chamberlain

Navigating the New Normal: Credit Facility Considerations for Borrowers

By now, many businesses have weathered the initial operational changes required nationwide as a result of shelter in place orders, approached landlords and other vendors for initial concessions, and applied for and obtained any…more

Coronavirus/COVID-19, Credit Facilities, Financial Stimulus, Lenders, Main Street Lending Programs

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Claire Chen

New 2025 Medicare Advantage Proposed Rule Further Scrutinizes Marketing Practices, Expands Behavioral Health, and Promotes Health Equity

On November 15, CMS published a proposed rule, which, as currently written, has potentially significant implications for Medicare Advantage (MA) plans and Medicare Prescription Drug Benefit Program (PDP) plans in Contract Year…more

Brokers, Centers for Medicare & Medicaid Services (CMS), Compensation, Health Care Providers, MCOs

See all updates »

J. Taylor Chenery

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Hannah Choate

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Terry Clark

U.S. Supreme Court Upholds Constitutionality of Patent Inter Partes Review

On Tuesday, April 24, the U.S. Supreme Court handed down two highly anticipated decisions that significantly impact inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB). The Supreme Court's…more

Administrative Proceedings, America Invents Act, Article III, Constitutional Challenges, Inter Partes Review (IPR) Proceeding

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E. Steele Clayton, IV

Be Prepared: Aggressive Antitrust Enforcement Is Back

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Big Tech

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Christopher Climo

What Constitutes Control and How Much is Too Much? Considerations for Private Equity Firms and Their Physician Practice Management Companies under the Corporate Transparency Act

If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under…more

Beneficial Owner, Corporate Transparency Act, FinCEN, GAAP, Healthcare

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Shayne Clinton

Hot SPAC Market Increases SEC Scrutiny and Litigation Risks

The market has seen a boom in the last two years for emerging companies going public through the use of special-purpose acquisition companies (SPACs). SPACs are attractive vehicles for allowing a private company to gain quicker…more

Disclosure, Emerging Growth Companies, Initial Public Offering (IPO), Insider Trading, Risk Factors

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Meredith Edwards Collins

Healthcare Private Equity: What to Expect for the Rest of 2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time high,…more

Acquisitions, Administrative Procedure Act, Corporate Transparency Act, Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Krista Cooper

HHS Finalizes Rule: “Safeguarding the Rights of Conscience as Protected By Federal Statutes”

On January 11, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Final Rule that seeks to provide clarity regarding OCR’s enforcement authority and processes relating to federal…more

Department of Health and Human Services (HHS), Final Rules, Healthcare, Healthcare Reform, Investigations

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David Cox

Healthcare Private Equity: What to Expect for the Rest of 2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time high,…more

Acquisitions, Administrative Procedure Act, Corporate Transparency Act, Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Joseph Crace, Jr.

Best Practices to Protect Your Business from Liability As You Adapt to COVID-19 Challenges

The COVID-19 pandemic has created significant challenges for many businesses. Some companies, particularly in the travel, hospitality, and leisure industries, have seen revenue drop precipitously. Other companies, particularly…more

Best Practices, CARES Act, Coronavirus/COVID-19, Disclosure, False Claims Act (FCA)

See all updates »

Lymari Martinez Cromwell

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

Matthew Curley

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Douglas (Doug) Dahl II

False Claims Act Decisions to Know from Q2 2024

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and…more

Anti-Kickback Statute, Anti-Retaliation Provisions, False Claims Act (FCA), Fee Awards, First-to-File

See all updates »

Katie Darden

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

See all updates »

Michael Dashefsky

FTC Loses Bid to Block NC Hospital Merger between Novant and CHS

On Wednesday, June 5 a federal district judge denied the Federal Trade Commission’s (FTC) request for an injunction to prevent Novant Health from acquiring two hospitals from Community Health Systems (CHS) in a $320 million…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hospital Mergers, Preliminary Injunctions

See all updates »

Alexandria Wood Davenport

Rhode Island Passes Data Transparency and Privacy Protection Act

On June 28, the Rhode Island Data Transparency and Privacy Protection Act (DTPPA) was enacted without Governor Dan McKee’s signature, making Rhode Island the twentieth state to enact comprehensive consumer data privacy…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, New Legislation

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Jeffrey Davis

D.C. Circuit Becomes Second Federal Appeals Court to Allow Restrictions on 340B Contract Pharmacies

On May 21, the U.S. Court of Appeals for the D.C. Circuit issued a unanimous decision in favor of drug manufacturers, finding that certain manufacturer restrictions on the use of contract pharmacies under the 340B drug pricing…more

Appeals, Covered Entities, Drug Pricing, Healthcare, Healthcare Reform

See all updates »

John Dawson IV

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

Katie Day

Health Care Investors Conference: 2023 Recap

Funding Environment Toughest in 40 Years - The consensus of the four members of a panel on funding and financing healthcare is that the environment is tougher than they experienced in the wake of the 2008 financial crisis…more

Artificial Intelligence, Buyers, Digital Health, Financing, Funding

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Gabrielle Degelia

The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute

We have previously discussed the California Insurance Frauds Prevention Act (IFPA)–a state antifraud statute that, while modeled on the False Claims Act (FCA), is unique in targeting fraud in the commercial health insurance…more

California, False Claims Act (FCA), Health Care Violations, Health Insurance, Insurance Fraud

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Faith Dibble

International Trade Enforcement Roundup – Summer 2024

You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight. - The…more

Biden Administration, Bureau of Industry and Security (BIS), Cryptocurrency, Economic Sanctions, Enforcement

See all updates »

Brian Dobbs

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on a…more

Appeals, Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

Margaret Dodson

U.S. Supreme Court Unanimously Holds Pure Omissions in Item 303 Disclosures Not Actionable under Private Securities Laws

The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases. The case is important for issuers and shareholders alike for several reasons: - Pure…more

Corporate Issuers, Disclosure, Disclosure Requirements, False Statements, Item 303

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Kevin Douglas

The Time is Here: Public Companies Should be Mindful of the Upcoming Insider Trading Policy Form 10-K Exhibit Filing Requirement

In connection with the upcoming Form 10-K/proxy season, public companies with a fiscal year ending on December 31 will be required, for the first time, to publicly file their insider trading policies as exhibits to their Annual…more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Insider Trading

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Delaney Durst

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

See all updates »

John Eason

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Richard Eiler

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

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Charlotte Elam

Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision

On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA). - The Second Circuit joined the…more

Appeals, Civil Monetary Penalty, Consent Order, Duty to Pay, False Claims Act (FCA)

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David Esquivel

TCPA Exemptions for Healthcare Companies

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues, the potential for legal exposure under the Telephone…more

Auto-Dialed Calls, Cell Phones, Exemptions, Faxes, FCC

See all updates »

Jeanne Marie Evans

New California Rules Limit Prescription Auto-Refill Programs

Starting next summer, California licensed pharmacies offering automatic prescription refill programs will be subject to new constraints and limitations. California recently approved new Board of Pharmacy regulations, which go…more

California, Centers for Medicare & Medicaid Services (CMS), Payment Systems, Pharmaceutical Industry, Prescription Drugs

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Emily Farmer

Martin’s Point Health Care Inc.’s $22.4M Settlement Illustrates DOJ’s Focus on Part C Fraud

Last week, the U.S. Department of Justice (DOJ) announced a $22.4 million settlement resolving allegations that Martin’s Point Health Care, Inc. (Martin’s Point) violated the False Claims Act (FCA) by submitting inaccurate…more

Department of Justice (DOJ), False Claims Act (FCA), Fraud, Healthcare, Managed Care Contracts

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Lindsey Brown Fetzer

The California Insurance Frauds Prevention Act: Recent Developments Regarding California’s Powerful Commercial Health Insurance Fraud Statute

We have previously discussed the California Insurance Frauds Prevention Act (IFPA)–a state antifraud statute that, while modeled on the False Claims Act (FCA), is unique in targeting fraud in the commercial health insurance…more

California, False Claims Act (FCA), Health Care Violations, Health Insurance, Insurance Fraud

See all updates »

Curtis Fisher

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction…more

Buyers, Comment Period, Employee Retention, Federal Trade Commission (FTC), Health Care Providers

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Lara Flatau

California Bill on Health Care System Consolidation Scheduled for Vote in Senate Health Committee

Effective January 1, 2025, if enacted, California Assembly Bill 3129 (Bill) would grant sweeping power to the Attorney General by authorizing the Attorney General to approve, conditionally approve, or disapprove of certain…more

California, Consent, Health Care Providers, Healthcare, Healthcare Facilities

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Leslie Ford

Main Street Lending Program 2.0 Expands Loan Options for Small and Mid-Sized Businesses, but Practical Accessibility of Program to Borrowers Remains Unclear

On April 9, the U.S. Treasury Department (Treasury) and Federal Reserve released initial details regarding the establishment of the Main Street Business Lending Program (Main Street Program) to provide up to $600 billion in new…more

Borrowers, Eligibility, Federal Reserve, Lenders, Main Street Lending Programs

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Mary Beth Fortugno

Alaska Adopts New Out-of-State Pharmacy Requirements

On January 19, the Alaska Board of Pharmacy (Board) announced statutory and regulatory changes that significantly impact “Out-of-State” (non-resident) Pharmacy registration requirements, impose additional licensure requirements…more

Alaska, Applications, Jurisdiction, Licensing Rules, Non-Residents

See all updates »

Emily Fountain

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Ashley Gholston Fowler

FDA's Diversity Action Plans for Clinical Trials: Key Deadlines and Compliance Requirements

The U.S. Food and Drug Administration (FDA) issued a long-anticipated draft guidance on June 26, 2024, entitled “Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies”…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Laboratory Developed Tests

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Davidson French

Employer's Guide for Returning to the Workplace

As the U.S. economy reopens in the coming weeks and months, employers are faced with the challenge of bringing employees back to work to a workplace that is drastically different from the one that existed just weeks ago. While…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Equal Employment Opportunity Commission (EEOC), Non-Discrimination Rules, OSHA

See all updates »

John Fuller

Key Considerations for Emerging Companies: Formation and Structure

Monetizing a business concept presents numerous considerations for ambitious entrepreneurs, but with careful forethought, founders can spend more time growing their business and less time worrying whether they made an incorrect…more

Business Entities, Business Formation, Corporate Structures, Early Stage Companies, Emerging Growth Companies

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Craig Gabbert, Jr.

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

See all updates »

Lauren Gaffney

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

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Nicholas Gaffney

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

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Ali Gallagher

Healthcare Transactions Q2 2022

With some exceptions, healthcare M&A activity is down this year compared to the record-breaking highs of 2021. Those exceptions include the hospital sector, which is still seeing fewer but significantly larger (i.e., billion…more

Acquisitions, Ambulatory Surgery Centers, Dental Practice, Digital Health, Health Care Providers

See all updates »

Scott Gallisdorfer

United States Files First Complaint Under the Civil Cyber-Fraud Initiative

On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that…more

Cybersecurity, Damages, Department of Defense (DOD), Department of Justice (DOJ), DFARS

See all updates »

Tim Garrett

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

See all updates »

William Gebo

Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023

By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA)…more

Attestation Deadlines, Benefit Plan Sponsors, Consolidated Appropriations Act (CAA), Employee Benefits, Employer Group Health Plans

See all updates »

Jeff Gibson

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Michael Gibson

Stuck in the Middle of the Cap Stack: Intercreditor and Subordination Agreements in Mezzanine Financings

Below is an overview of the key terms and provisions in intercreditor/subordination agreements governing the relationship between a senior secured lender (the “Senior Lender”) and a mezzanine lender (the “Mezz Lender”)…more

Bankruptcy Code, Foreclosure, Guarantors, Intercreditor Agreements, Lenders

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John Golwen

Recent Tennessee Construction Cases Regarding Effects of Unlicensed Contracting and "Time is of the Essence" Clauses in Contracts

While neither of the recent cases discussed below establishes new law, they serve as good reminders of principles and requirements that can be important to participants in construction projects in Tennessee. The first case,…more

Appeals, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

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James Gooch

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

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Jamie Gordon

The Better Care Reconciliation Act: Similarities to House Health Care Bill, Preserves Parts of ACA

On June 22, 2017, Senate Republicans released a draft of the Better Care Reconciliation Act (BCRA), their much-anticipated version of the legislation to "repeal and replace" the Affordable Care Act (ACA). Despite rumors of a…more

Affordable Care Act, Continuous Coverage, Employer Mandates, Essential Health Benefits, Health Insurance

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Thomas Gossett

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

B. Riney Green

What Constitutes Control and How Much is Too Much? Considerations for Private Equity Firms and Their Physician Practice Management Companies under the Corporate Transparency Act

If you are a private equity (PE) firm that invests in physician practice management companies, it is a common question: What constitutes control, and how much is too much? This is a question that commonly has been asked under…more

Beneficial Owner, Corporate Transparency Act, FinCEN, GAAP, Healthcare

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Tabitha Green

CY 2023 Medicare Physician Fee Schedule: Big Strides for Behavioral Health

On November 2, 2022, the Centers for Medicare & Medicaid Services (CMS) filed its Medicare Physician Fee Schedule (PFS) final rule (Final Rule) for calendar year (CY) 2023. CMS finalized several noteworthy updates specific to…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, HCPCS, Medicare, Mental Health

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R. Dale Grimes

HSR Thresholds and Filing Fees Substantially Increased for 2023

The Hart-Scott-Rodino (HSR) Act requires parties to transactions that meet certain thresholds to notify the Department of Justice (DOJ) and Federal Trade Commission (FTC) and observe a waiting period prior to closing unless…more

Acquisitions, Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Federal Trade Commission (FTC)

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Anna Grizzle

CMS Announces Change Healthcare/Optum Payment Disruption (CHOPD) Accelerated Payments to Part A Providers and Advance Payments to Part B Suppliers

Recognizing the ongoing impact of the cyberattack experienced by Change Healthcare/Optum on February 21, 2024, the Centers for Medicare & Medicaid Services (CMS) announced over the weekend that it will allow Part A providers to…more

Accelerated Payments, Advanced Payment Program, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare

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Maleaka Guice

CMS and the OIG Issue Final Rules Modernizing and Clarifying the Federal Stark and Anti-Kickback Laws

In a coordinated effort, on November 27, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) published final rules to modernize regulations implementing the federal…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Civil Monetary Penalty, Final Rules, Health Care Providers

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Dee Harleston

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

See all updates »

Chelsea Harrison

Key Considerations for Emerging Companies: Privacy

Data privacy laws can be daunting for emerging companies. The regulatory landscape is constantly evolving and news reports are filled with stories of lawsuits, fines and penalties for non-compliance. With a better…more

Data Collection, Data Management, Data Privacy, Data Security, Emerging Growth Companies

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Justin Hay

The Time is Here: Public Companies Should be Mindful of the Upcoming Insider Trading Policy Form 10-K Exhibit Filing Requirement

In connection with the upcoming Form 10-K/proxy season, public companies with a fiscal year ending on December 31 will be required, for the first time, to publicly file their insider trading policies as exhibits to their Annual…more

Annual Reports, Disclosure Requirements, Filing Requirements, Form 10-K, Insider Trading

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Clint Hermes

FDA's Diversity Action Plans for Clinical Trials: Key Deadlines and Compliance Requirements

The U.S. Food and Drug Administration (FDA) issued a long-anticipated draft guidance on June 26, 2024, entitled “Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies”…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Laboratory Developed Tests

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Michael Hess

D.C. Circuit Becomes Second Federal Appeals Court to Allow Restrictions on 340B Contract Pharmacies

On May 21, the U.S. Court of Appeals for the D.C. Circuit issued a unanimous decision in favor of drug manufacturers, finding that certain manufacturer restrictions on the use of contract pharmacies under the 340B drug pricing…more

Appeals, Covered Entities, Drug Pricing, Healthcare, Healthcare Reform

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Devon Holbrook

New York Officially Eliminates Ban on Surcharges

This week, New York Governor Kathy Hochul signed into law Assembly Bill No. 2672, which amends Section 518 of the New York General Business Law. The law previously prohibited merchants from imposing a surcharge on customers who…more

Consumer Financial Products, Credit Card Surcharges, Legislative Agendas, New Legislation, New York

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D. Scott Holley

Gary Gensler Will Be New Securities and Exchange Commission Chair

Yesterday, the Senate, in a vote largely along party lines, approved the nomination of Gary Gensler to be the new chair of the Securities and Exchange Commission. Gensler, a former Goldman Sachs executive who also ran the…more

Climate Change, Digital Currency, Disclosure Requirements, Diversity and Inclusion Standards (D&I), Environmental Social & Governance (ESG)

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Robert Horton

Federal Court Blocks FTC Non-Compete Rule Nationwide

On August 20, 2024, the federal district court for the Northern District of Texas, in Ryan LLC v. Federal Trade Commission [FTC] (opinion found here), “set aside” with nationwide effect, the FTC “Non-Compete Rule.” The federal…more

Arbitrary and Capricious, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Angela Humphreys

Healthcare Private Equity: What to Expect for the Rest of 2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time high,…more

Acquisitions, Administrative Procedure Act, Corporate Transparency Act, Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Gene Humphreys

Stuck in the Middle of the Cap Stack: Intercreditor and Subordination Agreements in Mezzanine Financings

Below is an overview of the key terms and provisions in intercreditor/subordination agreements governing the relationship between a senior secured lender (the “Senior Lender”) and a mezzanine lender (the “Mezz Lender”)…more

Bankruptcy Code, Foreclosure, Guarantors, Intercreditor Agreements, Lenders

See all updates »

Courtney Hunter

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

Joelle Hupp

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Healthcare

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Tyler Huseman

SEC Staff Comments on Director Serving as Corporate Secretary

The rules of the New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq) require that a majority of a listed company’s board of directors (board) must be comprised of “independent directors” and that vital board…more

Board of Directors, Corporate Officers, Directors, Nasdaq, NYSE

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Brian Irving

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit seeks…more

Class Action, Controlled Substances, Health Care Providers, Hospitals, Medical Malpractice

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Brian Iverson

Bleak House Redux: Another Federal Circuit Win in Protracted Protest Litigation

As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award by…more

Appeals, Bid Protests, Business Litigation, CICA, COFC

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Stephen Jasper

Tennessee Extends Business Tax Deadlines in Response to COVID-19

In response to ongoing COVID-19 developments, the Tennessee Department of Revenue (TDOR) has announced that it will extend the deadline for taxpayers to file business tax returns originally due on April 15, 2020 to June 15,…more

Coronavirus/COVID-19, Department of Revenue, Filing Deadlines, Income Taxes, Relief Measures

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J. James Jenkins, Jr.

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

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Stewart Kameen

OIG Advisory Opinion 24-03 Greenlights Travel and Lodging Assistance for Gene Therapy Patients

On June 17, the U.S. Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion 24-03, approving an arrangement under which a pharmaceutical manufacturer provides travel, lodging, and other…more

Advisory Opinions, Anti-Kickback Statute, Fraud and Abuse, Health Insurance, Healthcare

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Ashleigh Karnell

FTC Proposes Banning Non-Compete Provisions for Workers

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing non-competes…more

Biden Administration, Comment Period, Competition, Employees, Employer Liability Issues

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Philip Kassel

Permissible Uses of Idle Funds under SBIC Program

In the wake of several high-profile bank failures over the past week and the turmoil surrounding the larger banking industry in general, it is important to review the permissible uses of idle funds (i.e., funds not actively…more

Banking Sector, FDIC, Investment, Leveraged Finance, SBIC

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Ben Kelly

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

See all updates »

Kris Kemp

Healthcare Private Equity: What to Expect for the Rest of 2024

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time high,…more

Acquisitions, Administrative Procedure Act, Corporate Transparency Act, Department of Health and Human Services (HHS), Department of Justice (DOJ)

See all updates »

Mallorie Kerby

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

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Jay Knight

FAQs on the SEC’s Newly Adopted Amendments to Rule 10b5-1 Trading Plans and Related Disclosures

We previously blogged here about the proposed Securities and Exchange Commission (SEC) amendments to Rule 10b5-1 trading plans. As the amendments have now been unanimously adopted, below are some answers to frequently asked…more

10b5-1 Plans, Board of Directors, Corporate Counsel, Corporate Officers, Disclosure Requirements

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Betsy Knotts

Public Finance Legislative Update from the Final Session of the 113th Tennessee General Assembly

In the Final Session of the 113th General Assembly, Tennessee legislators focused particularly on public-private partnerships that aid in the creation of housing. The Bass, Berry & Sims Public Finance team tracked bills related…more

General Assembly, Hotel Tax, Housing Market, Public Finance, Real Estate Market

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Eric Knox

SEC Stays Repurchase Disclosure Rules and the Fifth Circuit Denies SEC’s Motion for Additional Time to Cure Rule Defects

On November 22, the Securities and Exchange Commission (SEC) stayed the recently enacted Share Repurchase Disclosure Modernization Rule (Repurchase Disclosure Rule) pursuant to section 705 of the Administrative Procedure Act and…more

Administrative Procedure Act, Appeals, Disclosure Requirements, New Rules, Repurchases

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Howard Lamar III

Exploring Exits & Family Business Dynamics: Key Takeaways from Smart Business Dealmakers Conference

On March 23, Bass, Berry & Sims once again sponsored and participated in the Smart Business Dealmakers conference in Nashville, Tennessee. The full-day conference included over 200 middle-market CEOs, top private equity and…more

Acquisitions, Business Succession, Buyers, ESOP, Family Businesses

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Britt Latham

U.S. Supreme Court Unanimously Holds Pure Omissions in Item 303 Disclosures Not Actionable under Private Securities Laws

The U.S. Supreme Court has unanimously ruled that pure silence in MD&A statements are not actionable in shareholder securities fraud cases. The case is important for issuers and shareholders alike for several reasons: - Pure…more

Corporate Issuers, Disclosure, Disclosure Requirements, False Statements, Item 303

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Christopher Lazarini

Chris Lazarini Reviews Whether Privity Exists Between Officers of the United States

Bass, Berry & Sims attorney Chris Lazarini reviewed a case questioning whether privity exists between officers of the United States if, in the earlier litigation, the representative of the government had authority to represent…more

Court of Federal Claims, Dismissals, Mortgage-Backed Securities, Officers of the United States, Privity of Contract

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Jason Lewallen

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

See all updates »

Ashley Li

Florida Medicaid Providers: New $15 Minimum Wage Requirements

Effective October 1, 2022, certain providers participating in the Florida Medicaid program will be required to pay direct care workers a minimum of $15 per hour. Below we’ve outlined which organizations are subject to this new…more

American Health Care Act (AHCA), Employees, Employer Liability Issues, Florida, Health Care Providers

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Samantha Ross Liskey

Kentucky Gallops into the Privacy Race: Kentucky’s New Consumer Data Privacy Law

On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (KCDPA) into law, making Kentucky the sixteenth state to enact comprehensive data privacy legislation and the third state to do so in…more

Biometric Information, Consumer Privacy Rights, COPPA, Data Privacy, Enforcement

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James Litzow

A Practical Guide to Evaluating a Company’s Defensive Profile

As public companies continue to navigate the ongoing economic upheaval caused by the COVID-19 pandemic, opportunistic activist investors may find the resulting economic conditions conducive to accumulating significant ownership…more

Activist Investors, Board of Directors, Bylaws, Coronavirus/COVID-19, Dilution

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Dante Lizza

CMS Proposes to Extend Virtual Direct Supervision

On July 10, the Centers for Medicare & Medicaid Services (CMS) proposed to extend virtual direct supervision—i.e., the ability to provide direct supervision through real-time, audio-visual technology (rather than in-person…more

Centers for Medicare & Medicaid Services (CMS), Digital Health, Final Rules, Health Care Providers, MPFS

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Travis Lloyd

Second Circuit Clarifies Anti-Kickback Statute’s Scienter Requirement

On March 12, the U.S. Court of Appeals for the Second Circuit issued an important decision that sheds light on the test for determining scienter under the federal Anti-Kickback Statute (AKS). The Second Circuit reasoned that the…more

Anti-Kickback Statute, Appeals, False Claims Act (FCA), Health Care Providers, Healthcare

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Gregory Maczko

Healthcare Transactions Q1 2022

2022 started strong for healthcare transactions with some reports suggesting a record-breaking January. Although deal activity cooled in February and March, transaction pipelines still indicate that 2022 is on pace to match or…more

Acquisitions, Ambulatory Surgery Centers, Dental Practice, Digital Health, Health Information Technologies

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G. Mark Mamantov

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

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David Marshburn

Fifth Circuit Requires SEC to Revisit Share Repurchase Disclosure Rules

On October 31, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued an opinion finding that the U.S. Securities and Exchange Commission (SEC) violated the Administration Procedure Act when adopting recent…more

Administrative Procedure Act, Comment Period, Corporate Governance, Disclosure, Disclosure Requirements

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Garrah Carter-Mason

Controlled Substances Act and False Claims Act Collide

The United States recently intervened in a False Claims Act lawsuit accusing Rite Aid of defrauding federal healthcare programs by seeking reimbursement for opioids the pharmacy allegedly dispensed in violation of the Controlled…more

Controlled Substances Act, Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

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George Masterson

Demise of LIBOR: Overview of Possible Basis Risk for Swapped Floating Rate Loans

Basis Risk of Floating Rate Loans - In connection with the likely cessation of LIBOR as a viable index at the end of 2021 or earlier, any borrower with floating rate loans based on LIBOR that has hedged, or plans to hedge,…more

Floating Interest Rates, Hedge Funds, Interest Rate Swaps, ISDA Master Agreement, Libor

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William Mathias

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

See all updates »

Thaddeus McBride

International Trade Enforcement Roundup – Summer 2024

You are reading the Summer 2024 Update of the Bass, Berry & Sims Enforcement Roundup. After a short hiatus, we are back to reporting on notable enforcement actions and policy changes and providing a bit of our insight. - The…more

Biden Administration, Bureau of Industry and Security (BIS), Cryptocurrency, Economic Sanctions, Enforcement

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William McCallie

Non-GAAP Comment Letters: SEC Areas of Focus

On December 13, 2022, the Securities and Exchange Commission (SEC) issued seven new or revised Compliance and Disclosure Interpretations (C&DIs) on topics regarding the use of non-GAAP financial measures in SEC filings…more

CD&I, Comment Period, EBITDA, Non-GAAP Financial Measures, Securities and Exchange Commission (SEC)

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Wesley McCulloch

AI a Target of California Regulation Drafting

While generative artificial intelligence (AI) apps – such as Chat-GPT, Google Gemini, and Stable Diffusion – are capturing the national spotlight, many businesses are using other forms of machine learning, algorithms, and other…more

Algorithms, Artificial Intelligence, Automated Decision Systems (ADS), California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA)

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Allie Miller McNamara

Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

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R. Davis Mello

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

See all updates »

Bryan Metcalf

Top 10 Physician Practice Management Transactional Structure and Operational Challenges

Physician practice management (PPM) platforms have been a staple for over a decade in their current form and are considered a mainstay of private equity’s investment in healthcare. PPMs have a number of unique transaction…more

Buyers, Comment Period, Employee Retention, Federal Trade Commission (FTC), Health Care Providers

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Jennifer Michael

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

See all updates »

Russel Miller

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

Sarah Miller

DOJ Trumpets “First-Ever” Criminal Indictment for Failure to Report Product Safety Issues

On March 29, 2019, the U.S. Department of Justice (DOJ) announced it had initiated the first-ever criminal prosecution of individual business executives for alleged failure to timely disclose product safety issues to federal…more

Consumer Product Safety Act (CPSA), Corporate Counsel, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

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James Polk Moneyhun, Jr.

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

See all updates »

Amy Sanders Morgan

Behavioral Health: Momentum Continues in the CY 2024 Medicare Physician Fee Schedule

On November 16, the Centers for Medicare & Medicaid Services (CMS) published its Medicare Physician Fee Schedule (PFS) final rule for calendar year 2024 (PFS Final Rule). According to the CMS press release, the PFS Final Rule…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Healthcare Facilities

See all updates »

Sara Morgan

DOJ Formalizes Previous Directives Regarding Limiting Use of Guidance Documents to Prove Violations of Law

In December 2018, the Department of Justice (DOJ) updated its Justice Manual to add Title 1-20.000 et seq., Limitation on Use of Guidance Documents in Litigation. This addition formalizes guidance provided in two previous…more

Advisory Opinions, Cole Memorandum, Department of Justice (DOJ), Enforcement Actions, Enforcement Guidance

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Christine Morse

HHS-OIG Year in Review 2023

The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) is tasked with providing objective oversight to protect the integrity and promote the efficiency of Medicare, Medicaid, and more than 100…more

Advisory Opinions, Anti-Kickback Statute, Civil Monetary Penalty, Department of Health and Human Services (HHS), Enforcement Actions

See all updates »

Whitney Mosey

CMS Solicits Comments to Clarify Parameters on MAC Downcoding of Complex Drug Administration Infusion Services

In the proposed CY 2025 Physician Fee Schedule (PFS) published in the Federal Register on July 31, the Centers for Medicare & Medicaid Services (CMS) is soliciting comments on a proposal to revise the Medicare Claims Processing…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Healthcare, Healthcare Reform

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Kimia Movahed

False Claims Act Decisions to Know from Q2 2024

In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and…more

Anti-Kickback Statute, Anti-Retaliation Provisions, False Claims Act (FCA), Fee Awards, First-to-File

See all updates »

Elaine Naughton

The End of an Era? FDA Finalizes LDT Rule But Grandfathers Many Existing LDTs

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs…more

Clinical Laboratory Testing, Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

See all updates »

Catherine Norton

COVID-19: CARES Act Changes To Retirement Plans, Health Plans And other Employee Benefits

On March 27, the House voted overwhelmingly to approve H.R. 748—the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2.2 trillion package with a stated purpose of providing emergency assistance and healthcare…more

CARES Act, Coronavirus/COVID-19, Employer Group Health Plans, Federal Loans, Paycheck Protection Program (PPP)

See all updates »

Jeffrey Oldham

Public Finance Legislative Update from the Final Session of the 113th Tennessee General Assembly

In the Final Session of the 113th General Assembly, Tennessee legislators focused particularly on public-private partnerships that aid in the creation of housing. The Bass, Berry & Sims Public Finance team tracked bills related…more

General Assembly, Hotel Tax, Housing Market, Public Finance, Real Estate Market

See all updates »

Andrea Orr

Focus on Boardroom Diversity Intensifies

Over the last few weeks, we have seen a flurry of activity concerning diversity in the boardroom. The Nasdaq Stock Market LLC (Nasdaq) proposed to the Securities and Exchange Commission (SEC) a new diversity rule and proxy…more

Board of Directors, Diversity and Inclusion Standards (D&I), Glass Lewis, Institutional Shareholder Services (ISS), Nasdaq

See all updates »

Todd Overman

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR…more

Arbitrary and Capricious, Bid Protests, COFC, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

Tatjana Paterno

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

See all updates »

Chase Van Patten

2024’s New Data Privacy Requirements

State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect in…more

Consumer Privacy Rights, Corporate Counsel, Data Collection, Data Privacy, Data Protection

See all updates »

Heather Pearson

The End of an Era? FDA Finalizes LDT Rule But Grandfathers Many Existing LDTs

On May 6, 2024, the Food and Drug Administration (FDA) published its final rule for laboratory developed tests (LDTs). The final rule cemented the agency’s forecasted decision to increase the FDA’s regulatory oversight of LDTs…more

Clinical Laboratory Testing, Final Rules, Food and Drug Administration (FDA), Laboratory Developed Tests, Life Sciences

See all updates »

Frank Pellegrino

Perspectives from the 2024 NSSGA Conference

Cautious optimism appeared to be the principal theme at the National Stone, Sand and Gravel Association annual conference held in Nashville in late March. Modest M&A Activity - Deal volume in 2023 slipped as higher…more

Acquisitions, Construction Industry, Infrastructure, Infrastructure Investment and Jobs Act (IIJA), Manufacturers

See all updates »

Erica Vick Penley

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

See all updates »

Dawn Perez-Slavinski

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

See all updates »

W. Brantley Phillips

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

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Mary Leigh Pirtle

Notices Under FTC Rule on Non-Competes: What Should I Be Doing Now?

As previously covered on our HR Law Talk blog, the Federal Trade Commission’s (FTC) non-compete ban (FTC Rule or the Rule) is scheduled to take effect on September 4, 2024. Issued in April, the FTC Rule prohibits all…more

Deadlines, Employees, Employer Liability Issues, Employment Contract, Federal Bans

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Brianna Powell

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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Peter Rathmell

Settlement Roundup: Heart-Valve Replacements, Federal Research Grants, and Clinical Laboratory Marketing

The Department of Justice (DOJ) recently announced settlements involving alleged noncompliance with Medicare billing requirements for heart-valve replacement surgeries, false statements in federal funding research grants, and…more

Anti-Kickback Statute, Clinical Laboratories, Department of Justice (DOJ), False Claims Act (FCA), Grants

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Cynthia Reisz

Healthcare Trends & Transactions Q3 2023

After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large…more

Acquisitions, Ambulatory Surgery Centers, Digital Health, Health Care Providers, Health Information Technologies

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Fritz Richter, III

Changes to Section 162(m) Affecting Deferred Compensation Arrangements

Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the…more

Compensation & Benefits, Covered Employees, Deferred Compensation, Executive Compensation, Grandfathering Rules

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Marc Rigsby

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

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Ethan Riley

EU’s AI Act – Coming to an AI Near You

On August 1, the European Union’s Artificial Intelligence Act (Act) entered into force. This groundbreaking legislation is set to be implemented in stages over the coming years and is expected to have a profound impact on the…more

Artificial Intelligence, EU, Machine Learning, New Legislation, Regulatory Requirements

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Lisa Rivera

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit seeks…more

Class Action, Controlled Substances, Health Care Providers, Hospitals, Medical Malpractice

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Brian Roark

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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Glenn Rose

Healthcare Fraud & Abuse Review 2020

Ensuring compliance with the False Claims Act has never been more important for healthcare providers. By March 2020, we saw healthcare professionals standing at the forefront of one of the greatest health crises in a generation,…more

Annual Reports, Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Criminal Investigations

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Steffie Rosene

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

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Molly Ruberg

False Claims Act Settlements to Know from Q1 2024

Despite the recent downward trend in DOJ healthcare industry settlements, the first quarter of 2024 saw many noteworthy False Claims Act (FCA) and civil healthcare fraud settlements related to alleged kickbacks, medically…more

Anti-Kickback Statute, Controlled Substances Act, Department of Justice (DOJ), False Claims Act (FCA), Health Care Providers

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Angelique Salib

FDA's Diversity Action Plans for Clinical Trials: Key Deadlines and Compliance Requirements

The U.S. Food and Drug Administration (FDA) issued a long-anticipated draft guidance on June 26, 2024, entitled “Diversity Action Plans to Improve Enrollment of Participants from Underrepresented Populations in Clinical Studies”…more

Clinical Trials, Diversity, Draft Guidance, Food and Drug Administration (FDA), Laboratory Developed Tests

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Alexandrea Samber

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

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Taylor Sample

United States Files First Complaint Under the Civil Cyber-Fraud Initiative

On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that…more

Cybersecurity, Damages, Department of Defense (DOD), Department of Justice (DOJ), DFARS

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Reagan Schmidt

FCA Statute of Limitations Triggered by Notice to DOJ Only, Court Rules

In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed in on a False Claims Act (FCA) issue that has divided courts,…more

Department of Justice (DOJ), Dismissals, False Claims Act (FCA), Statute of Limitations, Time-Barred Claims

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Briana Sprick Schuster

Lawsuits Filed Against Higher Education Institutions Related to COVID-19

Since the last week in March, at least six putative class action suits seeking refunds of fees paid by students for room and board, parking, extra-curricular activities, and in some cases, tuition, due to the students’…more

Class Action, Coronavirus/COVID-19, Higher Education Act

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Rhea Shinde

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry…more

Agents, Anti-Competitive, Beneficiaries, Brokers, Centers for Medicare & Medicaid Services (CMS)

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Sehrish Siddiqui

Recyclable K-Cups: Investors Beware?

On September 10, the Securities and Exchange Commission (the Commission or SEC) charged Keurig Dr Pepper Inc. (Keurig) for making inaccurate statements about the recyclability of its K-Cup single-use beverage pods. Without…more

Annual Reports, Climate Change, Disclosure Requirements, Environmental Policies, Environmental Social & Governance (ESG)

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Catherine Simpson

New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and Dates

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a Final…more

Abortion, Covered Entities, Department of Health and Human Services (HHS), Disclosure Requirements, Dobbs v. Jackson Women’s Health Organization

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Brian Sims

Private Equity Dealmakers Guidebook to Healthcare M&A During the Covid-19 Pandemic

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19…more

Accelerated Payments, Buyers, CARES Act, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19

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Danielle Sloane

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

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Katherine Smalley

The Federal Corporate Transparency Act Through the Lens of Private Equity: Unique Challenges Await

With a stated goal of enhancing transparency of business ownership, the federal Corporate Transparency Act (CTA) mandates various types of businesses – such as corporations, limited liability companies, and limited partnerships…more

Beneficial Owner, Business Ownership, CFIUS, Corporate Governance, Corporate Transparency Act

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Blaine Smith

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

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David Smith

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

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Lucas Ross Smith

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was originally…more

Acquisitions, Anti-Competitive, Antitrust Division, Antitrust Litigation, Antitrust Violations

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Page Minton Smith

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years…more

Ambulatory Surgery Centers, Certificate of Need, Filing Fees, General Assembly, Healthcare

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Ross Smith

113th Tennessee General Assembly Reconvenes

The Tennessee General Assembly convened for the second session of the 113th General Assembly on Tuesday, January 9, 2024. Notably missing from the Senate was Lt. Gov. Randy McNally, who is recovering at home from a recent…more

Filing Deadlines, General Assembly, Legislative Agendas, Legislative Process, State Budgets

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Emily Snyder

Don’t Roll the Dice on Health Data Compliance: Nevada’s Consumer Health Data Law Takes Effect on March 31, 2024

As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Healthcare

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Michael Sontag

The COVID-19 Pandemic and Personal Planning

The coronavirus (COVID-19) has impacted the lives of millions across the globe, causing the loss of loved ones and livelihoods and heightening concerns for health and personal and financial safety. In these uncertain times, it’s…more

Coronavirus/COVID-19, Estate Planning, Executive Orders, Governor Lee, Grantor Retained Annuity Trusts (GRATs)

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Richard Spore, III

Nonrecourse Loan Pitfalls During the COVID-19 Pandemic

Real estate borrowers often prefer nonrecourse loans, which can eliminate or reduce the risk of having to satisfy a deficiency judgment if a project goes bad. However, most nonrecourse loans have carve-outs or exceptions to the…more

Borrowers, Carve Out Provisions, Coronavirus/COVID-19, Deficiency Judgments, Lenders

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Russell Stair

Public Finance Tennessee Legislative Update from the First Session of the 113th General Assembly

In the First Session of the 113th General Assembly, Tennessee legislators sponsored numerous bills that impacted local governments in some measure. Due to this uptick in legislative activity, the Bass, Berry & Sims Public…more

Brownfield Properties, Cybersecurity, Foreign Entities, Foreign Ownership, General Assembly

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Jonathan Stanley

SEC Settlement against Auditing Firm Serves as Reminder of Important Independence Rules

On February 29, the Securities and Exchange Commission (the SEC) announced that it settled an administrative proceeding against Lordstown Motors Corps’ former auditor, Clark Schaefer Hackett and Co. (CSH)—the same day that the…more

Auditors, Audits, Best Practices, Broker-Dealer, Independence Rules

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Jacob Stansell

HHS Releases Cybersecurity Performance Goals for Healthcare Organizations

In response to the number of successful, large-scale ransomware attacks affecting healthcare organizations nearly tripling since 2018, the Department of Health and Human Services (HHS) has released guidance outlining its…more

Cybersecurity, Data Protection, Data Security, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA)

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Justin Starling

First Circuit Decision Could Disrupt Business Ownership in Cannabis Industry

The First Circuit Court of Appeals recently released a published opinion that held that the Dormant Commerce Clause of the United States Constitution applies to cannabis laws and regulatory regimes. The cases are Northeast…more

Appeals, Business Ownership, Cannabis-Related Businesses (CRBs), Dormant Commerce Clause, Marijuana Related Businesses

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Jamie Steakley

CMS Audits: Part 1 The ABCs of Medicare and Medicaid Claims Audits: Understanding the Audit Contractors

Because Medicare and Medicaid claims audit requests can look like routine billing-related correspondence, they can be easy to miss, leading to expensive and potentially catastrophic consequences. Providers, therefore, should be…more

Audits, Billing, Centers for Medicare & Medicaid Services (CMS), Federal Contractors, Fraud and Abuse

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Craig Stewart

HHS Finalizes Rule: “Safeguarding the Rights of Conscience as Protected By Federal Statutes”

On January 11, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Final Rule that seeks to provide clarity regarding OCR’s enforcement authority and processes relating to federal…more

Department of Health and Human Services (HHS), Final Rules, Healthcare, Healthcare Reform, Investigations

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Michael Stewart

How Commercial Landlords Can Protect Their Rights and Interests During COVID-19

As businesses try to navigate the challenges resulting from COVID-19, many commercial tenants are attempting to re-negotiate lease terms as a part of an effort to cut costs. Sometimes forced to choose between meeting payroll…more

CARES Act, Commercial Leases, Commercial Tenants, Force Majeure Clause, Landlords

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Julia Tamulis

More Losses than Gains? OIG Declines to Approve Certain Medicare Advantage Gainsharing Arrangements in Advisory Opinion 24-08

On September 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 24-08, in which it declined to approve a proposal by a Medicare Advantage organization (MAO) offering…more

Advisory Opinions, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Employer Group Health Plans

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Morgan Tandy

Healthcare Trends & Transactions Q2 2024

Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing…more

Ambulatory Surgery Centers, Digital Health, Health Care Providers, Healthcare, Home Health Care

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W. Benjamin Tarpley

CARES Act: Paycheck Protection Program (PPP) for Restaurant and Hospitality Businesses

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), adopted and signed into law by President Trump on March 27, 2020, in response to COVID-19, is a $2 trillion economic stimulus package that includes a wide range…more

CARES Act, Coronavirus/COVID-19, Federal Loans, Loan Forgiveness, Paycheck Protection Program (PPP)

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Masie Taylor

Rhode Island Passes Data Transparency and Privacy Protection Act

On June 28, the Rhode Island Data Transparency and Privacy Protection Act (DTPPA) was enacted without Governor Dan McKee’s signature, making Rhode Island the twentieth state to enact comprehensive consumer data privacy…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, New Legislation

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T. Stephen Taylor

Colorado Eliminates Ban on Surcharges

Colorado recently became the latest state to eliminate a statutory ban prohibiting merchants from imposing a surcharge on customers who elect to pay for a transaction via credit or charge card. The Credit Transaction Charge…more

Colorado, Credit Card Surcharges, Credit Cards, Creditors, Criminal Prosecution

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Ryan Thomas

Pushing a Balloon Into or Against the Jet Stream? Key Takeaways from the J.P. Morgan Healthcare Conference

The 42nd annual J.P. Morgan Healthcare Conference started with clear skies and overall optimism from investors. But with Jamie Dimon’s prediction of a recession in 2024 on Tuesday morning, the climate shifted to an on-again,…more

Acquisitions, Asset Diversification, Chapter 11, Health Technology, Healthcare

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Shelley Thomas

CPRA Draft Regulations – Round One

The California Privacy Protection Agency (CPPA or Agency) published 66 pages of proposed draft regulations (Draft Regulations) that govern the California Privacy Rights Act (CPRA) as a special treat on Friday, May 27 for some…more

California, California Privacy Rights Act (CPRA), Compliance, Contractors, Data Protection

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David Thornton

New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and Dates

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a Final…more

Abortion, Covered Entities, Department of Health and Human Services (HHS), Disclosure Requirements, Dobbs v. Jackson Women’s Health Organization

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Nesrin Garan Tift

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

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David Venturella

SEC Reduces Registration Filing Fee Effective October 1, 2021

On August 23, the Securities and Exchange Commission (SEC) announced that effective October 1, 2021, the fees that public companies and other issuers pay to register their securities with the SEC will be set at $92.70 per…more

Filing Deadlines, Filing Fees, Publicly-Traded Companies, Registration, Securities and Exchange Commission (SEC)

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Leigh Walton

HHS Distributes Nearly $4.9 Billion of CARES Act Provider Relief Fund to Skilled Nursing Facilities

On Friday, May 22, the U.S. Department of Health and Human Services (HHS) issued a press release announcing that it has begun distributing nearly $4.9 billion to skilled nursing facilities (SNFs) to “support nursing homes…more

CARES Act, Department of Health and Human Services (HHS), Health Care Providers, Nursing Homes, Paycheck Protection Program and Health Care Enhancement Act

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Elizabeth Warren

OCR Updates Guidance Regarding Compliance with HIPAA in Use of Online Tracking Technologies: Questions Remain

On March 18, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released updated guidance to “increase clarity” for entities regulated by the Health Insurance Portability and Accountability Act…more

Disclosure Requirements, Guidance Update, Health Insurance Portability and Accountability Act (HIPAA), OCR, PHI

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Hannah Webber

12th Annual Healthcare Fraud & Abuse Review - A Critical Resource for Healthcare Providers

We are pleased to bring you our 12th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we…more

Anti-Kickback Statute, CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions

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Nikki Wethington

Healthcare Transactions Q2 2021

Following a record-breaking first quarter, merger and acquisition (M&A) activity within the healthcare industry kept pace during the second quarter of 2021, showing no signs of slowing. Although the volume of deal activity…more

Acquisitions, Ambulatory Surgery Centers, Buyers, Coronavirus/COVID-19, Digital Health

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Shannon Wiley

CMS Solicits Comments to Clarify Parameters on MAC Downcoding of Complex Drug Administration Infusion Services

In the proposed CY 2025 Physician Fee Schedule (PFS) published in the Federal Register on July 31, the Centers for Medicare & Medicaid Services (CMS) is soliciting comments on a proposal to revise the Medicare Claims Processing…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Health Care Providers, Healthcare, Healthcare Reform

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David Wilson

CMS Finalizes New Mandatory Value-Based Payment Initiative: The Transforming Episode Accountability Model

On August 28, as part of its Fiscal Year 2025 Hospital Inpatient Prospective Payment System (IPPS) Final Rule, the Centers for Medicare & Medicaid Services (CMS) finalized the Transforming Episode Accountability Model (TEAM) – a…more

Acute Facilities, Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers

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Taylor Wirth

SEC Proposes New Cybersecurity Disclosure Requirements

On March 9, the Securities and Exchange Commission (SEC) proposed rules and amendments to enhance and standardize public companies’ disclosures regarding cybersecurity risk management, strategy, governance, and incident…more

Comment Period, Cybersecurity, Disclosure Requirements, Filing Deadlines, Filing Requirements

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Roy Wyman

Rhode Island Passes Data Transparency and Privacy Protection Act

On June 28, the Rhode Island Data Transparency and Privacy Protection Act (DTPPA) was enacted without Governor Dan McKee’s signature, making Rhode Island the twentieth state to enact comprehensive consumer data privacy…more

Consumer Privacy Rights, Data Privacy, Data Protection, Data Protection Acts, New Legislation

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Bradley Yenter

SEC Settlement against Auditing Firm Serves as Reminder of Important Independence Rules

On February 29, the Securities and Exchange Commission (the SEC) announced that it settled an administrative proceeding against Lordstown Motors Corps’ former auditor, Clark Schaefer Hackett and Co. (CSH)—the same day that the…more

Auditors, Audits, Best Practices, Broker-Dealer, Independence Rules

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Virginia Maynard Yetter

Be Prepared: Aggressive Antitrust Enforcement Is Back

This summer has seen a flurry of bold antitrust announcements from the Biden administration. By issuing a sweeping executive order calling for numerous changes to antitrust enforcement and by naming progressive favorites and…more

Acquisitions, Antitrust Division, Antitrust Provisions, Biden Administration, Big Tech

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Hunter Yoches

NLRB Withdraws Appeal of Joint Employer Rule

The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule. As readers may recall, late last year the NLRB issued a rule broadening the…more

Employer Liability Issues, Final Rules, Joint Employers, Labor Regulations, NLRA

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Jessalyn Zeigler

Impact of COVID-19 on the Restaurant & Hospitality Industry

The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations, as…more

Business Closures, Business Interruption, Business Licenses, Commercial Leases, Commercial Real Estate Contracts

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Patrick Zinck

FTC Loses Bid to Block NC Hospital Merger between Novant and CHS

On Wednesday, June 5 a federal district judge denied the Federal Trade Commission’s (FTC) request for an injunction to prevent Novant Health from acquiring two hospitals from Community Health Systems (CHS) in a $320 million…more

Acquisitions, Antitrust Division, Federal Trade Commission (FTC), Hospital Mergers, Preliminary Injunctions

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