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Brian D. Roark

Brian D. Roark

Member
Nashville
(615) 742-7753
broark@bassberry.com
https://www.bassberry.com/professionals/roark-brian-d/

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Brian Roark is co-chair of the Bass, Berry & Sims Healthcare Fraud & Abuse Task Force and concentrates his practice on representing healthcare clients in responding to governmental investigations and defending False Claims Act lawsuits. He has successfully litigated and resolved numerous healthcare fraud matters involving hospitals and health systems, ambulatory surgery centers, hospices, home health companies, drug and alcohol abuse treatment centers, Medicare Advantage companies, and other healthcare providers.

He serves as an Adjunct Professor of Law at Vanderbilt University, where he teaches Healthcare Fraud and Abuse. He is ranked in Chambers USA as a top Healthcare Government Investigations and Fraud attorney (Band 1) in Tennessee. According to Chambers USA, interviewees describe Brian as “One of the top healthcare fraud and abuse lawyers in the country. He has an incredible ability to take highly complex issues and narrow the focus to the most advantageous position for his clients.” (from Chambers USA 2022). Additionally, clients say he is a “top, eminent guy for investigations work,” (from Chambers USA 2017) and “If I had to refer a client for an investigation, he’s the guy I’d go to.” (from Chambers USA 2016)  Brian was selected as a 2014 AHLA Pro Bono Champion for his work handling the trial and appeal of a criminal Medicare fraud case.

Featured Experience

  • U.S. ex rel. Benaissa v. Trinity Health

    Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

    Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

  • U.S. ex rel. Taylor v. Boyko, M.D. et al.

    Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020). The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).

    Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020). The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).

  • U.S. ex rel. Maur v. Korban et al.

    Representation of hospitals in a qui tam lawsuit alleging that cardiologist performed medically unnecessary cardiac stent procedures. Following declination, we obtained dismissal on grounds that the lawsuit was barred under the public disclosure bar. Following the Relator’s appeal, the Court of Appeals upheld the dismissal. U.S. ex rel. Maur v. Korban, 981 F.3d 516 (6th Cir. 2020).

    Representation of hospitals in a qui tam lawsuit alleging that cardiologist performed medically unnecessary cardiac stent procedures. Following declination, we obtained dismissal on grounds that the lawsuit was barred under the public disclosure bar. Following the Relator’s appeal, the Court of Appeals upheld the dismissal. U.S. ex rel. Maur v. Korban, 981 F.3d 516 (6th Cir. 2020).

Representative Experience

  • U.S. ex rel. Benaissa v. Trinity Health

    Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

    Representation of non-profit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by the DOJ, we obtained dismissal from the district court on the grounds that relator did not plead his claims with requisite specificity, and the Eighth Circuit upheld that dismissal.  U.S. ex rel. Benaissa v. Trinity Health, 963 F. 3d 733 (8th Cir. 2020).

  • U.S. ex rel. Taylor v. Boyko, M.D. et al.

    Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020). The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).

    Representation of ED company and other defendants in qui tam lawsuit alleging that ED provider’s violation of licensure laws caused submission of false claims and that defendants fraudulently billed services as performed by physicians even though patients were seen only by nurse practitioners. We obtained dismissal of the licensure claims and received summary judgment as to the upcoding claims. U.S. ex rel. Taylor v. Boyko, 2020 WL 520933 (S.D. W. Va. Jan. 31, 2020); U.S. ex rel. Taylor v. Perni, 2020 WL 2499544 (S.D. W. Va. May 14, 2020). The Fourth Circuit affirmed dismissal. U.S. ex rel. Taylor v. Boyko, 39 F.4th 177 (4th Cir. 2022).

  • U.S. ex rel. Maur v. Korban et al.

    Representation of hospitals in a qui tam lawsuit alleging that cardiologist performed medically unnecessary cardiac stent procedures. Following declination, we obtained dismissal on grounds that the lawsuit was barred under the public disclosure bar. Following the Relator’s appeal, the Court of Appeals upheld the dismissal. U.S. ex rel. Maur v. Korban, 981 F.3d 516 (6th Cir. 2020).

    Representation of hospitals in a qui tam lawsuit alleging that cardiologist performed medically unnecessary cardiac stent procedures. Following declination, we obtained dismissal on grounds that the lawsuit was barred under the public disclosure bar. Following the Relator’s appeal, the Court of Appeals upheld the dismissal. U.S. ex rel. Maur v. Korban, 981 F.3d 516 (6th Cir. 2020).

  • U.S. ex rel. Waters v. Envision Healthcare Corporation, No. 2:19-cv-00873, 2023 WL 2636461 (E.D. Cal. Mar. 24, 2023)
  • U.S. ex rel. Cook v. Integrated Behavioral Health, Inc., No. 2:20-cv-877, 2023 WL 2617399 (N.D. Ala. Mar. 23, 2023)
  • National HealthCare Corporation Sells Seven Facilities

    Sale of seven facilities leased and operated by the company in New Hampshire and Massachusetts

    Sale of seven facilities leased and operated by the company in New Hampshire and Massachusetts

  • Brookdale Senior Living Completes Sale of 80 Percent Stake in Outpatient Therapy Division to HCA Healthcare

    Representation of Brookdale Senior Living Inc. (NYSE: BKD) in its definitive agreement to sell 80 percent of Brookdale Health Care Services, the Brentwood-based company’s home health and outpatient therapy division, to HCA Healthcare (NYSE: HCA), one of the nation’s leading healthcare providers, in an all-cash transaction for $400 million

    Representation of Brookdale Senior Living Inc. (NYSE: BKD) in its definitive agreement to sell 80 percent of Brookdale Health Care Services, the Brentwood-based company’s home health and outpatient therapy division, to HCA Healthcare (NYSE: HCA), one of the nation’s leading healthcare providers, in an all-cash transaction for $400 million

    Client Type: Public Company
  • Representation of Envision Healthcare Corporation, Inc. in DOJ/OIG Investigation

    Representation of Envision Healthcare Corporation, Inc. in a DOJ/OIG investigation of allegations that allowing physician owners to share in anesthesia profits of Envision’s Folsom, California and Fresno, California ASCs violates the Anti-Kickback Statute.

    Representation of Envision Healthcare Corporation, Inc. in a DOJ/OIG investigation of allegations that allowing physician owners to share in anesthesia profits of Envision’s Folsom, California and Fresno, California ASCs violates the Anti-Kickback Statute.

    Client Type: Private Company
  • U.S. ex rel. Stone v. Traverse Anesthesia Assoc., PhyMed

    Lead counsel representing Traverse Anesthesia Assoc., an anesthesiology management company, in a DOJ investigation of False Claims Act allegations alleging fraudulent billing for medically-directed services, which resulted in declination by DOJ and negotiation of successful resolution of remaining allegations. U.S. ex rel. Stone v. Traverse Anesthesia Assoc. (TAA), PhyMed, (W.D. Mich.)

    Lead counsel representing Traverse Anesthesia Assoc., an anesthesiology management company, in a DOJ investigation of False Claims Act allegations alleging fraudulent billing for medically-directed services, which resulted in declination by DOJ and negotiation of successful resolution of remaining allegations. U.S. ex rel. Stone v. Traverse Anesthesia Assoc. (TAA), PhyMed, (W.D. Mich.)

    Client Type: Private Company
  • U.S. ex rel. Vanasco v. AHP of Orlando, LLC

    Representation of AmSurg and affiliated surgery centers in a DOJ investigation of allegations that defendants violated the AKS by allowing physicians to share in anesthesia profits at the surgery center. We obtained a declination from DOJ and then persuaded the relator’s counsel to voluntarily dismiss the FCA lawsuit. U.S. ex rel. Vanasco v. AHP of Orlando, LLC, No. 16-cv-288 (M.D. Fla.)

    Representation of AmSurg and affiliated surgery centers in a DOJ investigation of allegations that defendants violated the AKS by allowing physicians to share in anesthesia profits at the surgery center. We obtained a declination from DOJ and then persuaded the relator’s counsel to voluntarily dismiss the FCA lawsuit. U.S. ex rel. Vanasco v. AHP of Orlando, LLC, No. 16-cv-288 (M.D. Fla.)

    Client Type: Private Company
  • Fakorede v. Mid-South Heart Center, P.C.

    Lead counsel representing cardiology practice in FCA retaliation lawsuit alleging cardiologist was terminated after raising concerns that his recruiting agreement violated Anti-Kickback Statute and Stark Law. District court dismissed the lawsuit and dismissal was affirmed by the Sixth Circuit. Fakorede v. Mid-South Heart Center, P.C., 2017 WL 4217230 (6th Cir. Sep 22, 2017)

    Lead counsel representing cardiology practice in FCA retaliation lawsuit alleging cardiologist was terminated after raising concerns that his recruiting agreement violated Anti-Kickback Statute and Stark Law. District court dismissed the lawsuit and dismissal was affirmed by the Sixth Circuit. Fakorede v. Mid-South Heart Center, P.C., 2017 WL 4217230 (6th Cir. Sep 22, 2017)

  • U.S. ex rel. Cleland v. Pain Management Group, P.C., et al.

    Lead counsel representing pain management practice in allegations that practice engaged in fraudulent billing practices. Following declination of relator’s claims, negotiated a settlement relating to urinalysis billing practices. U.S. ex rel. Cleland v. Pain Management Group, P.C., No. 3:15-cv-1209 (M.D. Tenn.)

    Lead counsel representing pain management practice in allegations that practice engaged in fraudulent billing practices. Following declination of relator’s claims, negotiated a settlement relating to urinalysis billing practices. U.S. ex rel. Cleland v. Pain Management Group, P.C., No. 3:15-cv-1209 (M.D. Tenn.)

  • U.S. ex rel. Ramsey v. Censeo Health, L.L.C.

    Representation of Medicare Advantage service provider in qui tam alleging that defendants caused inflation of risk adjustment scores. U.S. ex rel. Ramsey v. Censeo Health, L.L.C., No. 3:14-cv-118 (N.D. Tex.)

    Representation of Medicare Advantage service provider in qui tam alleging that defendants caused inflation of risk adjustment scores. U.S. ex rel. Ramsey v. Censeo Health, L.L.C., No. 3:14-cv-118 (N.D. Tex.)

Publications

Upcoming Events

Past Events

Media Mentions & Firm News

Accolades

Chambers USA — Healthcare: Government Investigations & Fraud (2013-2022)

BTI Client Service All-Stars (2020)

Best Lawyers® — Nashville Litigation: Health Care “Lawyer of the Year” (2023)

The Best Lawyers in America© — Health Care Law; Litigation: Health Care (2013-2023)

Nashville Medical News “InCharge Healthcare” (2013-2021)

Benchmark Litigation — Local Litigation Star: Tennessee (2019-2023)

American Health Law Association — Pro Bono Champion (2014)

Mid-South Super Lawyers  (2016-2022); “Rising Star” (2013)

Top 100 Tennessee Super Lawyers  (2018-2019)

Top 50 Nashville Super Lawyers  (2019)

Tennessee Bar Association — Health Care Law Section Executive Council

Bloomberg Law Health Law and Business Editorial Advisory Board (2018)

BNA Health Care Fraud Report — Advisory Board (2013-2018)

North Carolina Law Review — Articles Editor

Law Clerk to James C. Fox, U.S. District Court, Eastern District of North Carolina (1999-2001)

Featured Events

  • Panelist, “Enforcement Update and Issues to Watch,” Healthcare Fraud & Abuse Annual Review Webinar (February 22, 2023)
  • Panelist, “Healthcare Fraud Year in Review,” Nashville Healthcare Fraud Conference (December 8, 2022)
  • Panelist, “Ethical Issues at the Door: Perspectives from the Compliance and Legal Departments,” Nashville Healthcare Fraud Conference (December 8, 2022)
  • Panelist, “False Claims Act Update,” Healthcare Fraud & Abuse Annual Review Webinar (February 17, 2022)
  • Panelist, “Healthcare Fraud Year in Review,” Nashville Healthcare Fraud Virtual Conference (December 2, 2021)
  • Moderator, “Responding to a Federal Investigation and Leading an Internal Investigation,” Consero Healthcare General Counsel Forum (March 10-11, 2021)
  • Panelist, “False Claims Act Update,” Healthcare Fraud & Abuse Annual Review Webinar (February 18, 2021)
  • Panelist, “Developments in Healthcare Fraud,” American Bar Association Virtual Civil False Claims Act and Qui Tam Enforcement Institute (December 4, 2020)
  • Panelist, “Healthcare Fraud Year in Review,” Nashville Healthcare Fraud Virtual Conference (December 3, 2020)
  • Panelist, “Compliance Year in Review,” Health Care Compliance Association Nashville Regional Healthcare Compliance Virtual Conference (November 13, 2020)
  • Panelist, “Healthcare Fraud Enforcement Update,” Tennessee Bar Association 32nd Annual Health Law Forum (October 8-9, 2020)
  • Panelist, “Healthcare as Big Business: Emerging Trends in Transactions/Impact of Enforcement on Transactions,” Belmont Health Law Symposium (February 7, 2020)
  • Panelist, “Healthcare Fraud and Abuse: Rigorous Compliance, Recent Settlements, Court Rulings, and Advisory Opinions,” Strafford Webinar (December 12, 2019)
  • Panelist, “Year in Review: Looking Back on Healthcare Fraud Issues in 2019,” Nashville Healthcare Fraud Conference (December 5, 2019)
  • Panelist, “Recent Enforcement Actions Involving the Anti-Kickback Statute and the Stark Law,” Tennessee Bar Association Annual Health Law Forum (October 17-18, 2019)
  • Panelist, “Year in Review: Looking Back on Healthcare Fraud Issues in 2018,” Nashville Healthcare Fraud Conference (December 6, 2018)
  • Panelist, “False Claims Act Developments,” HCCA Healthcare Enforcement Compliance Conference (November 4-7, 2018)
  • Panelist, “Life in a Post-Escobar World,” Tennessee Bar Association 30th Annual Health Law Forum (October 11, 2018)
  • Panelist, “Approaches to Effectively Resolving Healthcare Fraud Investigations,” Nashville Council of Health Care Attorneys Program (September 21, 2018)
  • Panelist, “Developments in Healthcare Fraud,” 12th National Institute on the Civil False Claims Act Qui Tam Enforcement (June 13-15, 2018)
  • Panelist, “Healthcare Fraud Year in Review: Where Do We Go From Here,” Nashville Healthcare Fraud Conference (December 7, 2017)
  • Panelist, “ Healthcare Fraud Enforcement Trends,” 4th Annual Compliance & Government Investigations Update” (September 14, 2107)
  • Panelist, “Fraud & Abuse Roundup,” Tennessee Hospital Association Compliance Group Meeting (March 1, 2017)
  • Panelist, “What’s Next? The Movement from Volume to Value-Based Healthcare Delivery,” Belmont Health Law Symposium (January 27, 2017)
  • Panelist, “The Tricky Gets Trickier: Escalating Reliance on Provider Certification,” HCCA Regional Conference (January 20, 2017)

Related Services

Education

  • University of North Carolina School of Law - J.D., 1999
  • Lipscomb University - B.A., 1995

Admissions

  • Tennessee, 1999
  • U.S. Supreme Court
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, Middle District of Tennessee
  • U.S. District Court, Eastern District of Tennessee
  • U.S. District Court, Western District of Tennessee
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