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Articles by Taylor Chenery
FCA Risk for Private Equity Investment in Healthcare for Mergers & Acquisitions Magazine
We contributed an article addressing the mounting risks faced by private equity (PE) firms investing in the healthcare industry in the July/August 2023 issue of Mergers & Acquisitions Magazine. In the article, we delved into the complexities of this highly-regulated sector and the heightened attention it receives from government enforcement bodies.
Register Now | How to Respond to a Civil Investigative Demand Webinar
Join us on September 13 for a webinar in which we will discuss responding to a government investigation and specifically responding to a CID. Healthcare is one of the most highly regulated industries in the country and providers of all types will eventually be called to action, whether it be responding to an investigation, conducting a compliance review, or proceeding with a self-disclosure.
3 Ways Private Equity Investors Can Protect Themselves in Healthcare
As private equity firms’ investment in the healthcare industry has grown exponentially over the last decade, government enforcement efforts targeting private equity investors have responded accordingly in recent years. Here’s what it means for private equity investors.
Increased False Claims Act Exposure for Private Equity Firms Investing in Healthcare
I recently authored an article for the American Bar Association (ABA) Health Law Section detailing the growing need for private equity firms to consider the increased risk of False Claims Act (FCA) liability. “Private Equity (PE) deals in the healthcare industry have skyrocketed in the last decade,” I explained in the article. “In 2021, PE invested approximately $151 billion of capital into healthcare globally, more than double the year prior.
Tennessee Healthcare Fraud and Abuse Laws
I recently outlined healthcare-related fraud and abuse laws in Tennessee as part of Thomson Reuters’ Practical Law survey. My content focused on Tennessee is part of a series that examines state-by-state laws and regulations addressing civil and criminal actions, consequences for violation, and Medicaid program integrity provisions.
Telehealth Scrutiny Following COVID-19 Pandemic
During the COVID-19 pandemic, many healthcare providers have relied on telehealth options to provide patients access to care.
Eighth Circuit Affirms Dismissal of Kickback Case
On June 25, the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal with prejudice of a qui tam False Claims Act (FCA) suit alleging certain physician compensation arrangements at Trinity Health violated the Anti-Kickback Statute (AKS) and Stark Law.
Takeaways from the DOJ’s 2019 False Claims Act Report
The DOJ recently released its annual report on False Claims Act enforcement, and FCA enforcement shows no signs of slowing. Bass, Berry & Sims’ Taylor Chenery, Lauren Gaffney and Anna Grizzle discuss what the report reveals. 2020 marks the 150th anniversary of the Department of Justice (DOJ), and based on a recently released 2019 report, its FCA enforcement efforts show no signs of slowing, with health care fraud recoveries undoubtedly continuing to make up the bulk of recoveries.
DOJ Memos Denote Change in Use of Guidance Documents in Enforcement Actions
Two Department of Justice (DOJ) memoranda issued in recent months may signal a shift in the government’s approach to analyzing and proving allegations of healthcare fraud in civil enforcement actions. Both memos relate to the government’s use of guidance documents — as opposed to codified statutes or regulations — to educate regulated parties and to enforce existing statutory or regulatory requirements.
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