Community Health Systems (CHS) revealed in its recently-published annual report that it is under investigation by the Department of Justice (DOJ) for documents related to "practices and procedures related to utilization review, inpatient admissions and inpatient dialysis" at its hospitals, according to a U.S. Securities and Exchange Commission filing. The Nashville Business Journal reports that the DOJ has previously investigated CHS: in 2014, CHS paid $98.15 million to resolve a number of lawsuits related to billing issues and in 2018, the company paid $262 million to settle an investigation into Health Management Associates Inc., a company it purchased in 2014, for allegedly improperly billing the government for certain inpatient admissions following emergency room visits that occurred before the acquisition.

In this interlocutory appeal, the employer challenges the trial court’s determination that the employee will likely prevail at a hearing on the merits in establishing the compensability of his right hip injury and that he is entitled to medical benefits. The employee reported sustaining an injury to his right hip while working for a temporary employment agency at a factory. The employer initially accepted the claim and provided medical benefits. After initial discovery, the employer contended the employee’s current condition and need for surgery were related to his pre-existing hip condition and that he did not suffer an injury arising primarily out of the employment. After an expedited hearing, the trial court concluded the employee would likely prevail at trial and ordered the employer to authorize the surgery recommended by the authorized physician. The employer has appealed. Having carefully reviewed the record, we affirm the trial court’s order and remand the case.

Week of February 19, 2024 - February 23, 2024

Lawyers for the state of Tennessee recently argued in front of the U.S. Sixth Circuit Court of Appeals, seeking to reverse a lower court's ruling declaring the 2023 Adult Entertainment Act unconstitutional, according to the Tennessean. Shortly after Gov. Bill Lee signed the legislation into law last summer, placing new restrictions on drag performances across the state, a federal judge in Memphis ruled it unconstitutional. Associate Solicitor General Matthew Rice, arguing on behalf of the state, told the court on Feb. 1 that the law, which restricts "male and female impersonators" from performing in public spaces or where children could witness them if the performances could be deemed "harmful to minors," could be used to police drag performances in homes as well.

According to a press release from the National Conference of Bar Examiners (NCBE), 4,124 participants from 88 law schools in 41 jurisdictions recently participated in a nationwide field test for the NextGen bar exam. The data gathered from the field test will help NCBE ensure that the NextGen bar exam fairly and accurately assesses the knowledge and skills needed by new lawyers, as well as confirm timing estimates, provide an opportunity to test computerized exam delivery and scoring systems, and give jurisdiction graders an opportunity to practice grading new types of questions. Belmont College of Law and the University of Memphis Cecil C. Humphreys School of Law were the two participating Tennessee law schools in the field test. The NextGen exam will have its first administration in July 2026.

As Shelby County works to build its budget for the next fiscal year, revenue information from last year's county-wide wheel tax increase will not be available. Shelby County Clerk Wanda Halbert has been submitting inaccurate reports or no reports at all during the last fiscal year, reports The Daily Memphian. “She provided three months — July, August and September — and those reports were inaccurate,” Shelby County Trustee Regina Newman told the news outlet. The county does not formally have the revenue figures it needs to accurately predict what money is on hand and report that in certified statements that meet accounting standards. Newman has been working with the Tennessee Comptroller’s audit division.

William John "Jack" Reynolds died Feb. 20 at age 90. He graduated from the University of Tennessee at Knoxville with a degree in agriculture education, and after completing military service, he received a law degree from Southern Law School, now the University of Memphis Cecil C. Humphreys School of Law. Reynolds began practicing law in Selmer in 1964. He served as county attorney for McNairy County, alderman for the City of Selmer and was a member of the Tennessee Trial Lawyers Association, the Tennessee Bar Association, as well as the Hardin and McNairy County Bar Associations. In 1984, he moved his law practice to Savannah where he was later joined by his son and grandson, practicing under the law firm name of Reynolds & Reynolds. The family held a private graveside service. Memorials may be sent to Savannah Church of Christ, 1175 Pickwick St S., Savannah, TN 38372, or the donor's charity of choice.

The Administrative Office of the Courts (AOC) has released a special Black History Month episode of its Court Talk podcast, featuring a conversation with Tennessee Court of Appeals Judge John McClarty and host Nick Morgan as they discuss McClarty's autobiography, "The Dreamer: John W. McClarty." Their discussion ranges from Chattanooga in the 1950s to a lifetime spanning two careers, as a lawyer and an appellate judge.

Maria Jeannette Merrill of Columbus, Indiana, died on Feb. 19 at age 62. She earned a degree in nursing from the University of Evansville, a master's degre in nursing education from the University of Tennessee at Chattanooga and her law degree from the Nashville School of Law. Merrill was a member of the American Society of Health Risk Management, the Health Care Compliance Association, the American Health Lawyer's Association and the Tennessee Bar Association. She worked at Lincoln Health System in Fayetteville as the chief legal officer and for the Erlanger Health System in Chattanooga for 18 years where she served as a clinical nurse specialist and later as the privacy program manager. A celebration life will be held Feb. 29 at Jewell-Rittman Family Funeral Home, 3855 25th St., Columbus, Indiana 47203. Visitation begins at 4 p.m. EST and a tribute from the Nursing Honor Guard will start at 6 p.m. Donations may be made to the American Heart Association to support women's heart health.

Join your colleagues for an Immigration Law webcast on March 25 from 12:30-1:30 p.m. CDT. Two lawyers with extensive experience in immigration court and a retired immigration judge will explore some ways to avoid pitfalls in immigration court. Participants will be provided a copy of the Immigration Court Practice Manual and will have an opportunity to ask questions of the panelists. Pre-submit questions here.