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Articles by Sims PLC
Bass, Berry & Sims launches advanced wound care task force amid heightened government scrutiny
The task force is a multidisciplinary team that helps advanced wound care companies navigate reimbursement, compliance, government investigations and strategic transactions. , /PRNewswire-PRWeb/ -- As government scrutiny of the rapidly growing advanced wound care industry intensifies, Bass, Berry & Sims has launched one of the nation's first dedicated law firm task forces to help clients navigate an increasingly complex regulatory and enforcement landscape.
Tennessee Joins List of States Rewriting Rules on Non-Compete Agreements: What Employers Need to Know
Restrictive covenant legislation is growing in popularity across the United States. Tennessee, a state long regarded as business-friendly, is among the list of states creating statutory definitions of what is reasonable for non-compete agreements....
Bass, Berry & Sims Releases 14th Annual Healthcare Fraud & Abuse Review Original
The annual Healthcare Fraud & Abuse Review covers significant civil and criminal enforcement issues for healthcare providers, key enforcement initiatives, important case developments and documented fraud settlements , /PRNewswire-PRWeb/ -- Bass, Berry & Sims is pleased to announce the release of the 14th Annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments from 2025.
FCA settlement highlights importance of voluntary self-disclosures, due diligence
(April 17, 2025) - Richard Arnholt of Bass, Berry & Sims PLC discusses key takeaways from a defense contractor's False Claims Act settlement over allegations that its products did not meet military requirements. According to an April 1 Department of Justice (DOJ) press release (https://bit.ly/4lwKYQk), DRI Relays Inc.
Healthcare Fraud Enforcement Characterized by Unprecedented Uncertainty Amidst Changes in Government & Key Legal Developments Original
The Bass, Berry & Sims 13th Annual Healthcare Fraud & Abuse Review highlights key developments in healthcare fraud enforcement , /PRNewswire-PRWeb/ -- When it comes to government enforcement, it is no exaggeration to say that the healthcare industry faces unprecedented uncertainty.
Pay Equity In 2025
New state laws in 2025 require employers to disclose salary ranges in job postings. Pay transparency laws vary by state—Illinois mandates internal job posting notices, Vermont differentiates commission-based roles, and Massachusetts limits salary history defenses in pay equity claims. State-mandated salary disclosures in 2025 are driving companies to re-evaluate their compensation and hiring to ensure pay equity.
Understanding the new bid protest threshold for DoD, Coast Guard, NASA task orders
(February 21, 2025) - Richard Arnholt of Bass, Berry & Sims PLC discusses key elements of Congress' new restrictions for filing bid protests over task orders issued by the U.S. Defense Department, U.S. Coast Guard or NASA. Generally speaking, the U.S. procurement system allows companies competing for U.S. government contracts broad rights to challenge contract awards, as well as the terms of solicitations.
You’ve Got Mail: It’s An EEOC Charge. Now What?
Before suing for harassment, discrimination and/or retaliation, an employee must exhaust their administrative remedies by filing a charge of discrimination with the EEOC. EEOC charge document is often the only source of information available to the employer specifying the employee’s claims. In a case of dismissal, the EEOC issues a notice of the employee's right to sue, starting a 90-day period to file a federal lawsuit.
We Didn’t Do It, The Robot Did: Practices And Perils For AI In HR
A U.S. federal-level, AI-specific law does not exist yet. Government agencies, including EEOC and DOL, have opined on the applicability of current laws and regulations to AI deployment. Regulators are clear that civil rights, privacy expectations, and accessibility protections remain, even in the context of AI. As powerful artificial intelligence (AI) tools saturate markets, many organizations cite AI adoption as a priority.
New Reproductive Healthcare Privacy Final Rule: Key Compliance Steps And Dates
Highlights: The U.S. Department of Health and Human Services issued a Final Rule modifying the HIPAA Privacy Rule to support reproductive healthcare privacy. The Final Rule enhances protections by prohibiting the use of reproductive healthcare information for criminal or civil investigations. Covered entities must secure a signed attestation before disclosing reproductive healthcare-related protected health information for legal or oversight purposes.
False Claims Act decisions to know from Q2 2024
(September 05, 2024) - Bass, Berry & Sims attorneys Molly K. Ruberg and Hannah E. Webber highlight recent False Claims Act decisions involving the statute's anti-retaliation provision, first-to-file bar and other issues. 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 issues around judgments and awards.
Key Benefits Issues To Watch In 2024: A Comprehensive Guide
With SECURE 2.0 updates, plan sponsors must stay vigilant to ensure compliance and optimize benefits, including Roth treatment for contributions and self-certification for hardship distributions. State regulations on pharmacy benefits managers (PBMs) are creating new challenges for self-funded plans, potentially increasing costs and complicating plan management. With new welfare plan disclosures, the risk of excessive fee lawsuits increases.
False Claims Act settlements to know from Q2 2024
(August 15, 2024) - Bass, Berry & Sims attorneys Latazia Carter and Scott Gallisdorfer highlight multimillion-dollar settlements of six False Claims Act cases in the second quarter of 2024, including alleged health care kickback schemes and Medicare billing and coding violations. Halfway through 2024, the government's False Claims Act (FCA) enforcement efforts show few signs of letting up.
Reverence Capital Partners Enters into Definitive Agreement to Acquire Sunstar Insurance Group
, /PRNewswire/ -- Reverence Capital Partners ("Reverence Capital"), a private equity firm focused on investing in financial services businesses, today announced it has agreed to acquire a majority stake in Sunstar Insurance Group, LLC ("Sunstar"), a leading independent retail insurance broker. The terms of the transaction were not disclosed. Founded in 2012, Sunstar is a Memphis-based retail insurance brokerage platform focused on the Southeast and Midwest United States.
The California Insurance Frauds Prevention Act: Recent developments regarding California's powerful commercial health insurance fraud statute
(July 23, 2024) - Bass, Berry & Sims attorneys Gabrielle Degelia and Lindsey Fetzer discuss a recent case under California's Insurance Frauds Prevention Act, one of only two state laws with qui tam provisions allowing claims for commercial insurance fraud. We have previously discussed1 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 space.
New Rules for Benefits
While the sweltering roil of temporary regulatory changes related to the COVID-19 pandemic may have cooled and the initial burst of SECURE 2.0 steam begins to dissipate, sponsors of employee benefit plans should keep their eyes on several hot button issues during the remainder of 2024 as these issues continue to percolate. 1.
Second Circuit clarifies Anti-Kickback Statute's scienter requirement
(April 3, 2024) - Bass, Berry & Sims attorneys Charlotte Elam and Travis Lloyd discuss a 2nd Circuit decision saying that to state a viable claim based on the Anti-Kickback Statute, a qui tam whistleblower must allege the defendant knew its conduct was illegal. 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).
Bid protest minute: Proving an organizational conflict of interest exists
(February 9, 2024) - Richard Arnholt of Bass, Berry & Sims PLC discusses important lessons from a Government Accountability Office decision denying a bid protest that claimed NASA prejudiced an offeror by hiring a competitor's employee.
Department of Defense publishes long-awaited CMMC proposed rule
(January 23, 2024) - Richard Arnholt, Adam Briscoe and Todd Overman of Bass, Berry & Sims PLC discuss how a proposed rule may enable the U.S. Defense Department to verify that government contractors have proper cybersecurity protections for sensitive information.
False Claims Act: a tool increasingly used to revitalize the defense industrial base
(December 21, 2023) - Todd R. Overman and Scott Gallisdorfer of Bass, Berry & Sims PLC discuss enforcement efforts under the False Claims Act in light of the fact the U.S. government has turned to federal contractors to address national security concerns. The U.S. government has increasingly turned to federal contractors to address national security concerns.
HHS Proposes Rule to Establish Disincentives for Healthcare Providers That Engage in Information Blocking
In 2020, when the U.S. Department of Health and Human Services (HHS) published its Final Rule to implement the information blocking prohibitions of the 21st Century Cures Act, HHS left healthcare providers wondering what consequences they may face for violations of the information blocking rules.
Biden Administration Directs Federal Agencies to Consider Social Cost of Greenhouse Gases in Procurement
On September 21, the Biden administration approved recommendations from the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) in federal procurement processes…. By: Bass, Berry & Sims PLC
White House nudges federal agencies to make climate-responsible procurements
(November 2, 2023) - Todd Overman of Bass, Berry & Sims PLC discusses how President Joe Biden's announcement that federal agencies should review the social costs of greenhouse gases may affect procurement requests. On September 21, the Biden administration approved recommendations from the Interagency Working Group on the Social Cost of Greenhouse Gases (IWG), directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) in federal procurement processes.
District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided
Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an underlying violation of the Anti-Kickback Statute (AKS), what kind of causal link must the government or a relator show between the alleged AKS violation and the allegedly false claim for payment?…… By: Bass, Berry & Sims PLC Read More
Defense department program enshrines innovation into law
(October 5, 2023) - Todd R. Overman and Richard W. Arnholt of Bass, Berry & Sims PLC discuss Commercial Solutions Openings, a contracting mechanism through the Department of Defense, which seeks innovative commercial technologies or services. On Aug. 28, Department of Defense (DoD) Deputy Secretary Kathleen Hicks announced a new, ambitious initiative that would leverage autonomous systems, such as drones and other unmanned vehicles, in all domains.
Risk Management Magazine - Compliance Lessons from Recent FCPA Cases
At its core, the Foreign Corrupt Practices Act (FCPA) is relatively simple: It prohibits U.S. individuals and entities and anyone in the United States from directly or indirectly making, offering or authorizing a payment of anything of value to a foreign official to obtain a business advantage.
CMS publishes new data on self-referral disclosure protocol settlements
On July 5, CMS provided its latest update. This most recent update was the first in over 18 months and includes data from both 2021 and 2022 (as well as a couple of 2020 settlements not included in the previous update). The following graph depicts, by year, the total number of settlements and the aggregate amount paid. While the agency resolved 27 submissions in 2021, it picked up the pace significantly in 2022, resolving 104 settlements over the year.
Controlled Substances Act and False Claims Act collide
(July 21, 2023) - Bass, Berry & Sims attorneys Garrah Carter-Mason and Brian Irving discuss the U.S. government's intervention in a lawsuit alleging Rite Aid defrauded federal health care programs by claiming reimbursement for opioids allegedly dispensed in violation of the Controlled Substances Act.
Supreme Court Ends Use of Race as a Factor in College Admissions
In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the admissions programs used by the University of North Carolina and Harvard College violated the Constitution’s Equal Protection Clause and Title VI of the Civil Rights Act…… By: Bass, Berry & Sims PLC
Federal Circuit signals broad changes to jurisdictional issues in bid protests and Contract Disputes Act claims
(June 27, 2023) - Richard W. Arnholt and Adam R. Briscoe of Bass, Berry & Sims PLC discuss Federal Circuit cases addressing what were believed to be jurisdictional bars and clarifying the requirements contractors must follow to avail themselves of the right to appeal a government decision under the Contract Disputes Act.
False Claims Act fundamentals: Statute of limitations
Notably, 31 U.S.C. § 3731(b) only refers to the knowledge of the relevant government official, not any potential relators. As a result, applying the statute of limitations can become even more complicated when relators are the parties bringing the claims. This is particularly true when the government declines to intervene in the relator's case. In 2019, the United States Supreme Court directly addressed a growing circuit split regarding this issue in the case Cochise Consultancy, Inc. v. U.S. ex rel.
TRACTOR SUPPLY CO /DE/ : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Financial Statements and Exhibits (form 8-K) | MarketScreener
Item 1.01 Entry into a Material Definitive Agreement. On May 1, 2023, Tractor Supply Company (the "Company") entered into an underwriting agreement (the "Underwriting Agreement") by and among the Company, Wells Fargo Securities, LLC, Truist Securities, Inc.
Government contract requirements on Disadvantaged Business Enterprises
(March 23, 2023) - Richard Arnholt of Bass, Berry & Sims PLC explains the requirements of the Infrastructure Investment and Jobs Act on subcontracting federal funding to Disadvantaged Business Enterprises, which perform a "commercially useful function." The Infrastructure Investment and Jobs Act (IIJA) is a historic investment, allocating $550 billion to build, repair, and improve our nation's roads, bridges, airports, railways, and other transportation systems.
Healthcare Companies to Face Intensifying Scrutiny of COVID-19 Provider Relief Funds from Government and Whistleblowers
In its 11th annual Healthcare Fraud & Abuse Review, Bass, Berry & Sims provides analysis of healthcare fraud enforcement actions and False Claims Act (FCA) developments probing COVID-19 relief, telehealth, opioid enforcement and other areas.
AUTOZONE INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant, Financial Statements and Exhibits (form 8-K) | MarketScreener
Item 1.01. Entry into a Material Definitive Agreement. On January 23, 2023, AutoZone, Inc. (the "Company") entered into an underwriting agreement (the "Underwriting Agreement"), by and among the Company and BofA Securities, Inc., J.P. Morgan Securities LLC, Truist Securities, Inc.
Inflation Relief on Its Way for Government Contractors?
Unprecedented inflation levels have caused substantial hardship on government contractors during the last year – especially those with firm fixed-price contracts. Fortunately, meaningful help may be on its way. The Senate recently passed the National Defense Authorization Act (NDAA) of Fiscal Year 2023, which authorizes future spending of appropriations and outlines Department of Defense (DOD) policy priorities for the next fiscal year.
No Surprises Act Update: HHS Extends Enforcement Discretion for Co-Provider Good Faith Estimates
On December 2, the Department of Health and Human Services (HHS) announced it would not begin enforcement of a key requirement under the No Surprises Act (NSA) starting January 1, 2023, as previously scheduled. The enforcement delay relates to a portion of the NSA requirement for facilities and providers to furnish a good faith estimate (GFE) of expected charges to uninsured and self-pay individuals.
False Claims Act Settlements to Know from Q3 2022
The third quarter of 2022 brought a number of noteworthy False Claims Act (FCA) settlements, including several over $20 million and one in the high nine figures. This post summarizes key settlements of interest to healthcare providers. Pharmaceutical Companies On September 2, a pharmaceutical company agreed to pay $40 million to resolve two lawsuits alleging violations of the False Claims Act.
Russia, Ukraine: Update as of October 3
Commerce Adds Iranian Aircraft to List of Aircraft Operated in Violation of the EAR On September 19, the Commerce Department’s Bureau of Industry and Security (BIS) updated its growing list of aircraft that have flown into Russia and/or Belarus in apparent violation of the Export Administration Regulations (EAR).
A First! President Hones Government’s Foreign Investment Review
On September 15, President Biden announced the issuance of Executive Order (EO) 14083 to sharpen the focus of inbound investment screening by more formally tying the role of the Committee on Foreign Investment in the United States (CFIUS or the Committee) to the president’s national security prerogatives.
Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking
On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that misconduct involves “oinking” at co-workers. The plaintiff in Crosbie v. Highmark Inc. worked as a fraud investigator for the defendant health insurance companies.
The Contractor Vaccine Mandate is Back?
On Friday, August 26, the Eleventh Circuit published the long-awaited decision in the government’s appeal of a nationwide injunction halting the COVID-19 vaccine mandate for government contractors and subcontractors. Although the decision found that the plaintiffs were entitled to an injunction, the Eleventh Circuit also found that the Southern District of Georgia’s injunction, which applied nationwide, was overly broad.
PPP Enforcement Actions Gather Steam
The Paycheck Protection Program (PPP) was intended to provide a fast influx of assistance to small businesses during the economic shock created by the COVID-19 pandemic. The speed with which loans were distributed to businesses nationwide was striking, and so was the speed with which the Department of Justice (DOJ) began prosecuting those abusing the program.
How to request an Advisory Opinion (and why)
A favorable advisory opinion from the Office of Inspector General for the United States Department of Health and Human Services (OIG) ensures that the government will not impose sanctions concerning the requesting party's business arrangement. Given the highly regulated nature of the healthcare industry and the ever-present risk of enforcement, requesting an advisory opinion may be a good business decision.
It Happened! ESG Task Force’s First Enforcement Action
In March 2021, the Securities and Exchange Commission’s (SEC) then-acting chair, Allison Herren Lee, announced the creation of an Environmental, Social and Governance (ESG) Task Force within the SEC’s Division of Enforcement. Sanjay Wadhwa, the deputy director of the SEC’s Enforcement Division heads the ESG Task Force.
PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury Indictment
Last month, the Department of Justice (DOJ) announced that a Florida grand jury indicted three men for conspiring to rig bids for customized promotional products to the U.S. Army and charged two of them with conspiring to defraud the United States. Bid rigging is how conspiring competitors effectively raise prices where purchasers — often federal, state, or local governments — acquire goods or services by soliciting competing bids.
Anti-Retaliation under the False Claims Act
The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects whistleblowers from being retaliated against when they do so.
False Claims Act Settlements to Know from Q1 2022
The first quarter of 2022 brought news of several noteworthy False Claims Act (FCA) settlements, including several settlements by physicians regarding arrangements deemed to be unlawful kickbacks and the first settlement under the Department of Justice’s Civil Cyber-Fraud Initiative. This post summarizes key settlements of interest to healthcare providers and government contractors.
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