Brian D. Roark

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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

  • 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).

  • 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).

  • 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).