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  • Education
    • J.D., Washington University-St. Louis School of Law, 2004, Washington University Law Review, Executive Notes Editor
    • B.A., Drury University, 1998, Biology
  • Bar Jurisdictions
    • Maryland, 2004
    • District of Columbia, 2009
    • Missouri, 2013
    • Tennessee, 2017
Brian Bewley provides comprehensive representation to a broad range of health care organizations in fraud and abuse and compliance matters. He brings value that clients appreciate with his perspective and reasoned advice — which was formed through his years of experience operating as a senior health care fraud attorney with both the Office of Inspector General for the Department of Health and Human Services (OIG-HHS) and the Department of Justice.

Brian is the co-chair of two of Polsinelli’s health care practice areas, Compliance (Fraud and Abuse, Stark), and Government Audits and Investigations. Brian’s clients span the health care industry to include hospitals and health systems, post acute care providers, specialty pharmacies, device manufacturers and suppliers, and pharmacy benefit managers, just to name a few. Working with both the legal and operational teams for these clients, Brian helps navigate complex compliance issues resulting from day-to-day operational challenges, or in structuring various joint ventures and related transactions. He also serves as lead counsel in civil False Claims Act investigations resulting from allegations frequently made by whistleblowers and investigated by the Department of Justice and OIG-HHS. In these civil, criminal, and administrative enforcement matters, Brian has either obtained a complete dismissal or declination from the government, or obtained settlements for far less than originally alleged by the government and whistleblowers. 

Prior to joining Polsinelli, Brian served as Senior Counsel at OIG-HHS and acted as the Team Leader for the Boston, Miami, Dallas, and San Francisco regions. Brian was also appointed by a former United States Attorney, now a federal court judge, to act as a Special Assistant U.S. Attorney to handle civil health care fraud matters for the Department of Justice. During Brian’s time with the government he handled many notable matters involving alleged violations of the anti-kickback statute, the Stark law, Medicare and Medicaid reimbursement rules, and off-label marketing. Many of these cases resulted in large multi-million dollar global settlements. Brian frequently presents on various health care regulatory fraud and abuse issues, acts as a Regional Program Chair for the Health Care Compliance Association, and serves as a member of the American Health Lawyers Association Advisory Opinion Task Force for the Fraud and Abuse Practice Group.
  • Successfully defended large for-profit skilled nursing and rehabilitation providers in aggressive 5-year investigation pertaining to alleged medically unnecessary occupational, physical, and speech therapy services. After successfully persuading the Department of Justice (DOJ) not to pursue criminal indictments, Brian, on behalf of client, secured a civil False Claims Act settlement for $8.3 million with DOJ and OIG – a substantial decrease from the government’s initial offer.
  • Represented Missouri skilled nursing provider during district court and appellate proceedings in a False Claims Act lawsuit alleging violations of the Anti-Kickback Statute.  Successfully obtained dismissal of relator’s complaint based on the False Claims Act’s public disclosure bar. United States ex rel. Bogina v. Medline Indus., Inc., No. 11 C 05373, 2015 WL 1396190 (N.D. Ill. Mar. 24, 2015), aff'd sub nom. U.S. ex rel. Bogina v. Medline Indus., Inc., 809 F.3d 365 (7th Cir. 2016).
  • Represented a hospice seller in complex post-sale dispute with private-equity backed national hospice company.  After buyer self-disclosed to OIG, and sued client in arbitration for proposed settlement amount with OIG, Brian persuaded OIG that its client was party-of-interest and negotiated final resolution with OIG for almost $10 million less than originally proposed.
  • Defended hospice organization in litigation under the False Claims Act. After filing motion to dismiss on 9(b) and 12(b)(6) grounds, Relator voluntarily dismissed complaint. 
  • Successfully defended specialty pharmacy organization in federal investigation. After presenting rebuttal information and defenses, the government closed its investigation. 
  • Successfully represented large national ambulance company in a False Claims Act investigation by the Department of Justice and Office of Inspector General.  After making multiple presentations to the government that the conduct at issue did not rise to the level of a “false claim,” the government closed its investigation.
  • Represented health system in voluntary disclosure to the Office of Inspector General involving employment of an excluded individual.  Importantly, Brian’s representation included obtaining a monetary settlement with the system’s vendor for the total amount paid to the government pursuant to the disclosure and all associated legal fees.
  • Successfully represented health system in qui tam action alleging false claims based on provider-based billing and 340B.  After making presentations to the government, DOJ declined to intervene and Relator agreed to dismiss the matter without prejudice.
  • On behalf of health system, conducted internal investigation of alleged compliance issue. Brian's internal investigation concluded that allegations by a former employee lacked merit. 
  • Represented multiple large health systems in a voluntary disclosures to the OIG for alleged violations of the civil monetary penalties law. Brian obtained settlements in less than nine months after the initial disclosures and without the OIG challenging the health systems’ theories of liability or assessments of harm. 
  • Represented health system in the successful acquisition of a hospital by conducting a comprehensive regulatory due diligence of the acquired hospital. 
  • Engaged by Board of Directors of national Pharmacy Benefit Manager to conduct a robust and complicated internal investigation into alleged violations of several federal laws. 
  • Lead counsel for long-term care company in federal investigation by the Department of Justice and OIG. 
  • Advising medical device manufacturer on various regulatory issues, including the Anti-Kickback statute and Physician Payments Sunshine Act. 
  • Advising international compounding pharmaceutical manufacturer on various regulatory issues. 
  • Advising several large hospitals systems on regulatory compliance matters. 
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