Brian D. Roark

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Brian Roark is the head of Bass, Berry & Sims’ Healthcare Fraud 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 the Immediate Past Chair of the Tennessee Bar Association’s Health Law Section and currently serves on the Bloomberg Law Health Law and Business Editorial Advisory Board. 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 a “top, eminent guy for investigations work,” (from Chambers USA 2017) and additionally say “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

  • Lead counsel representing emergency department provider and other defendants in qui tam lawsuit alleging violation of licensure laws caused submission of false claims. District court dismissed allegations against the emergency department provider on grounds that alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s Escobar decision. U.S. ex rel. Taylor v. Boyko, 2019 WL 2423283 (S.D. W. Va. Jun. 6, 2019).

    Lead counsel representing emergency department provider and other defendants in qui tam lawsuit alleging violation of licensure laws caused submission of false claims. District court dismissed allegations against the emergency department provider on grounds that alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s Escobar decision. U.S. ex rel. Taylor v. Boyko, 2019 WL 2423283 (S.D. W. Va. Jun. 6, 2019).

  • Lead counsel representing nonprofit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by DOJ, district court dismissed the lawsuit on grounds that relator did not plead his claims with requisite specificity.  U.S. ex rel. Benaissa v. Trinity Health, 2018 WL 6843624 (D.N.D. Dec. 31, 2018).

    Lead counsel representing nonprofit North Dakota health system in qui tam lawsuit alleging physician compensation arrangements violated Anti-Kickback Statute and Stark Law. Following declination by DOJ, district court dismissed the lawsuit on grounds that relator did not plead his claims with requisite specificity.  U.S. ex rel. Benaissa v. Trinity Health, 2018 WL 6843624 (D.N.D. Dec. 31, 2018).

  • Lead counsel representing senior living companies in qui tam lawsuit alleging defendants fraudulently billed Medicare for home health services. District court dismissed lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 2017)

    Lead counsel representing senior living companies in qui tam lawsuit alleging defendants fraudulently billed Medicare for home health services. District court dismissed lawsuit on the grounds that the alleged regulatory violation did not satisfy standard for FCA materiality set forth in Supreme Court’s 2016 Escobar decision. U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 265 F. Supp. 3d 782 (M.D. Tenn. 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)

    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)