Averett v. U.S. Department of Health and Human Services


Bass, Berry & Sims obtained summary judgment on behalf of a group of 21 Tennessee physicians in federal litigation in Nashville challenging a regulation from Centers for Medicare & Medicaid Services (CMS).

CMS attempted to significantly limit enhanced Medicaid reimbursements for primary care services provided to vulnerable populations for 2013 and 2014. The physicians argued, and the court agreed, that CMS’ regulation was contrary to the language of the Medicaid reimbursement statute. Therefore, the court struck down the regulation as unlawful and concluded that TennCare is not entitled to recoup the enhanced payments made to the physicians.

Bass, Berry & Sims advised a group of 21 Tennessee physicians with the help and support of the Tennessee Medical Association with a team including David A. King (Picture), Courtney Ginn, Alison K. Grippo, Michael Cottone, Mitchell James and Hannah E. Webber

Involved fees earner: David King – Bass Berry & Sims; Courtney Ginn – Bass Berry & Sims; Alison Grippo – Bass Berry & Sims; Michael Cottone – Bass Berry & Sims; Mitchell James – Bass Berry & Sims; Hannah Webber – Bass Berry & Sims;

Law Firms: Bass Berry & Sims;

Clients: Tennessee Medical Association;

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Author: Ambrogio Visconti