Brian D. Roark

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Brian 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 senior living companies in qui tam lawsuit alleging that defendants fraudulently billed Medicare for home health services. The district court dismissed this 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)

    We served as lead counsel to Brookdale Senior Living in a qui tam lawsuit alleging that defendants fraudulently billed Medicare...
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    Client Type: Public Company
  • Lead counsel representing cardiology practice in FCA retaliation lawsuit alleging that cardiologist was terminated after raising concerns that his recruiting agreement violated the Anti-Kickback Statute and Stark Law. The district court dismissed the lawsuit and the dismissal was affirmed by the Sixth Circuit. Fakorede v. Mid-South Heart Center, P.C., 2017 WL 4217230 (6th Cir. Sep 22, 2017)

    We served as lead counsel for a cardiology practice in a FCA retaliation lawsuit alleging that a cardiologist was terminated...
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    Client Type: Private Company
  • Lead counsel representing Northwest Medical Center (Tucson, Arizona) in FCA lawsuit alleging that Northwest improperly billed Medicare for outpatient therapy services through failure to document the exact number of minutes of therapy provided to patients. The federal district court dismissed this case on the grounds that the complaint did not satisfy the pleading requirements of Rule 9(b) or plead the underlying falsity of the claims at issue. U.S. ex rel. McFeeters v. Northwest Hospital, LLC, 2015 WL 328212 (M.D. Tenn. Jan. 23, 2015)

    We successfully represented Northwest Medical Center (Tucson, Arizona) as lead counsel in an FCA lawsuit alleging that Northwest improperly billed...
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    Client Type: Private Company
  • Lead counsel representing Erlanger Medical Center in DOJ/HHS-OIG investigation arising from qui tam lawsuit alleging that health system improperly billed hospital short-stay admissions as inpatient instead of outpatient claims. After the government declined intervention in the case, the federal district court substantially reduced the period of liability at issue in the lawsuit, after which time, the parties settled the case. U.S. ex rel. Whipple v. Chattanooga-Hamilton Co. Hosp. Auth., 2015 WL 7455557 (Nov. 23, 2015)

    We served as lead counsel to Erlanger Medical Center (a medical center owned by Chattanooga-Hamilton County Hospital Authority) in a...
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    Client Type: Nonprofit