Brian D. Roark

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.

vCard

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 an “incredibly well respected in the regulatory space,” (from Chambers USA 2020) 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

  • 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).

    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).

  • 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. U.S. ex rel. Maur v. Korban, 2020 WL 912753 (W.D. Tenn. 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. U.S. ex rel. Maur v. Korban, 2020 WL 912753 (W.D. Tenn. 2020).