Brianna R. Powell
Brianna Powell provides healthcare regulatory counsel to a wide range of clients, including physician groups, hospices, hospital systems, long-term care providers, and private equity firms. Brianna advises clients on an array of complex regulatory issues, including:
- Government Enforcement & Compliance – Developing and implementing compliance programs based on the elements considered necessary for a comprehensive compliance program by the Federal Sentencing Guidelines and Office of Inspector General’s (OIG) Compliance Program Guidance, including:
- Drafting and revising compliance program documents, including Codes of Conduct, policies and procedures, and forms.
- Providing advice on the reporting and repayment of overpayments, as appropriate.
- Representing clients in responding to and, if necessary, appealing the results of payor claims audits and payment suspensions arising from audits, including those performed by Recovery Auditors f/k/a Recovery Audit Contractors (RACs), Program Safeguard Contractors (PSCs) n/k/a Zone Program Integrity Contractors (ZPICs), Unified Program Integrity Contractors (UPICs), and audits conducted by the Department of Health & Human Services (HHS)-OIG Office of Audit Services (OIG-OAS).
- Healthcare Fraud & Abuse – Advising on compliance with state and federal healthcare statutes and regulations such as the Stark Law, Anti-Kickback Statute, Civil Monetary Penalties Law, and False Claims Act.
- EMTALA Matters – Representing hospitals in various matters related to the Emergency Medical Treatment and Labor Act (EMTALA), including:
- Assisting in responding to Statements of Deficiencies, including immediate jeopardy findings, and preparing Plans of Correction to address the cited deficiencies.
- Representing hospitals in EMTALA reviews conducted by Quality Improvement Organizations (QIOs) and HHS-OIG, including preparation of written submissions and meeting presentations.
- Advising on day-to-day regulatory and operational matters that implicate EMTALA, including policy development, contracting, and risk management.
- Contracting, Regulatory & Operational Matters – Counseling on healthcare operations and compliance, such as fraud and abuse, reimbursement, patient care, quality, and risk management issues.
- Transactions – Providing advice on regulatory and compliance issues arising in healthcare mergers and acquisitions.
In addition to her work for healthcare clients, Brianna is actively involved in a number of the firm’s pro bono initiatives, including representing families in adoption proceedings and working with children relocated to Tennessee to establish Special Immigration Juvenile Status (SIJS).
Prior to joining Bass, Berry & Sims, Brianna served as a law clerk to the Honorable Julia Smith Gibbons of the U.S. Court of Appeals for the Sixth Circuit (2015–2016) and to the Honorable Bernice Bouie Donald for the U.S. Court of Appeals for the Sixth Circuit (2016–2017). During law school, Brianna served as an intern for the Honorable Judge Susan K. Lee with the U.S. District Court for the Eastern District of Tennessee. Brianna earned her law degree from the University of Tennessee College of Law and a B.S. in psychology and Spanish from Loyola University in New Orleans.
Memberships
American Health Law Association (AHLA) – Young Professionals Council (2020-2022)
Representative Experience
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We successfully defended a regional home health agency in a responding to an audit conducted by the Office of Audit Services of the Health and Human Services’ Office of Inspector General (OIG-OAS) and appealing the results recommended in the OIG-OAS final report. Our representation resulted in a reduction of the multi-million dollar overpayment in the OIG-OAS final report by 30 percent and recoupment to less than $10,000.
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We have successfully represented several hospitals in making self-reports of potential violations of the Emergency Medical Treatment and Labor Act (EMTALA). After consideration of the self-reports, the Centers for Medicare & Medicaid (CMS) , Successful Defense of Home Health Agency in OIG-OAS Audit
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We successfully defended a home health agency in a responding to an audit conducted by the Office of Audit Services of the Health and Human Services’ Office of Inspector General (OIG-OAS) and appealing the results recommended in the OIG-OAS final report. Our representation resulted in a reduction of the original overpayment in the OIG-OAS final report from over $7 million to $79,000 on appeal.
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Successful defense of a national hospice provider against Centers for Medicare & Medicaid Services’ (CMS) determination that the provider failed to meet Hospice Quality Reporting Program (HQRP) requirements for Calendar Year 2021. This alleged non-compliance would have resulted in a 2% reduction in the provider’s annual payment update for Fiscal Year (FY) 2023. Through the HQRP reconsideration process, Bass Berry & Sims successfully demonstrated that CMS’ determination of non-compliance was erroneous because CMS’ inadvertent termination of the provider caused a systemic problem with the provider’s submission of requisite HQRP, Hospice Item Set data. At reconsideration, CMS reversed its initial determination of non-compliance and granted the provider the full FY 2023 annual payment update.
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Successful defense of two agencies of a national hospice provider against Centers for Medicare & Medicaid Services’ (CMS) determination that the provider failed to meet Hospice Quality Reporting Program (HQRP) requirements for Calendar Year 2021. This alleged non-compliance by both agencies would have resulted in a 2% reduction in the provider’s annual payment update for Fiscal Year (FY) 2023. Through the HQRP reconsideration process, Bass Berry & Sims successfully demonstrated that, despite guidance to the contrary, CMS’ non-compliance determination erroneously included timeframes in which each provider was not responsible for submitting HQRP, Hospice Item Set data. When such inappropriate time periods were excluded from consideration, both providers clearly satisfied HQRP requirements. Therefore, CMS reversed its initial determination of non-compliance and granted the provider the full FY 2023 annual payment update.
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Representation EyeSouth Partners in its acquisition of MidWest Eye Center, a comprehensive ophthalmology physician practice group with 28 providers in Ohio and Kentucky
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Representation of EyeSouth Partners in its acquisition of Eye Center of Texas, a comprehensive ophthalmology physician practice group based in Texas. Terms of the transaction were not disclosed.
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Representation of Complete Health Partners, a Pharos Capital Group primary care platform based in Jacksonville, Florida, in its acquisitions of two Birmingham, AL primary care practices, Northside Medical Associates and Adamsville Family Medicine
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Publications
Past Events
Media Mentions & Firm News
Accolades
Lawyers of Color — Hot List (2022)
The National Black Lawyers — Top 40 Under 40, Tennessee (2022)
Best Lawyers: Ones To Watch — Health Care Law (2021-2023)
Tennessee Journal of Race, Gender & Social Justice — Editor-in-Chief
Tennessee Law Review — Articles Editor
University of Tennessee College of Law — Outstanding Graduate
Chancellor’s Citation for Extraordinary Professional Promise
Robert E. Pryor Award of Excellence in Advocacy
The Honorable J.C. McLin Scholarship Award
Academic Achievement Awards — Administrative Law, Civil Procedure, Domestic Violence Clinic, Elder Law, Investigatory Criminal Procedure, Legal Profession, Pretrial Litigation, and Trial Practice
Tennessee Law Scholar
