Brett Barnett

Brett Barnett’s practice is focused on complex commercial litigation with an emphasis on healthcare litigation. He has represented and advised healthcare and other clients across the country in a variety of regulatory, governance, market, and financial matters.

Firm/Organization: McGuireWoods LLP

Blogs: Consumer FinSights, Subject to Inquiry, The FCA Insider

Latest Articles

The FCA Insider

OIG Redesigned Hotline Webpage

By David Pivnick, Tim Fry, Brett Barnett & Katie Campbell

November 20, 2019

The Office of Inspector General (“OIG”) recently launched a new, redesigned hotline webpage to better guide the public through the tip and complaint reporting process. The OIG hotline operations accepts tips and complaints from all sources regarding potential fraud, waste, abuse, and mismanagement in the U.S. Department of Health and Human Services’ (“HHS”) programs. The OIG receives nearly 115,000 complaints each year. Much of this information, as reported in the OIG’s promotional video, has led…

The FCA Insider

Updated Civil Monetary Penalties

By David Pivnick, Brett Barnett, Tim Fry & Jon Steinberg

November 18, 2019

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil monetary penalties for inflation annually. Effective November 5, 2019, the Department of Health and Human Services released updated civil monetary penalties for the regulations its agencies are responsible for enforcing. Below are key changes applicable to healthcare providers. The physician self-referral law, commonly known as the Stark Law, imposes civil monetary penalties for referring certain designated health services to…

The FCA Insider

Tenth Circuit Affirms an Award of Attorneys’ Fees for a Successful FCA Defendant

By David Pivnick, Brett Barnett & Kali Yallourakis

November 10, 2019

On June 11, 2019, the Tenth Circuit affirmed an award of $92,592.75 in attorneys’ fees to the defendants in Pack v. Hickey, 776 F. App’x 549 (10th Cir. 2019). Pack had appealed the district court’s entry of summary judgment and related orders in favor of Defendants Maureen Hickey (“Hickey”) and Cloud Peak Initiatives, Inc. (“Cloud Peak”) on Pack’s claims under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733. The Wyoming District Court also…

The FCA Insider

“Health Care Fraud Impacts Everyone”: Miner Emphasizes DOJ’s Ongoing Dedication to Combatting Fraud

By Brett Barnett, David Pivnick & Sarah Rashid

June 17, 2019

Matthew S. Miner, Deputy Assistant Attorney General of the Criminal Division at the U.S. Department of Justice, gave the keynote speech at the 29th Annual National Institute of Health Care Fraud, held in New Orleans, LA. In his speech, Miner, who supervises the Criminal Division’s Fraud and Appellate Sections, emphasized the DOJ’s continued commitment to combatting health care fraud, including utilizing carefully coordinated “takedowns” that have yielded “historic” results. In 2017, the DOJ conducted a…

The FCA Insider

DOJ’s Travel Act Prosecution Yields Convictions for Kickbacks Involving Private Payers

By Brett Barnett & Nesko Radovic

May 27, 2019

As detailed in our prior entry, on April 9, 2019, a Forest Park, Texas jury found seven individuals guilty of various charges related to a scheme engaged in by Forest Park Medical Center (“FPMC”). The physician-owned surgical hospital paid more than $40 million in bribes and kickbacks to induce surgeons to use FPMC to perform their services, while collecting more than $200 million in billings. These convictions came at the tail end of DOJ’s indictment of twenty-one…

The FCA Insider

The Travel Act in the Healthcare Space: 3 Notable Considerations

By David Pivnick & Brett Barnett

May 1, 2019

Earlier this year, a notable trial took place in Dallas (United States v. Beauchamp, et al., 3-16 Cr. 516D (N.D. Tex.) that could have an impact on the healthcare industry in the coming years. In the trial, the DOJ brought criminal claims against multiple physicians under the Travel Act, which resulted in multiple physicians being convicted and sentenced to prison time. The trial tested the boundaries and application of the Travel Act and was, in…

The FCA Insider

DOJ Offers Further Guidance on False Claims Act Prosecutions

By Brett Barnett

March 24, 2019

At a conference earlier this year, Deputy Associate General Stephen Cox offered further guidance on a number of topics central to the DOJ’s enforcement attitude in FCA actions over the past several years. Cox’s comments help provide further clarity and color to several recent memorandums authored by the DOJ and provide guidance on the DOJ’s initiatives and perspectives. Granston Memo – In a January 2018 memorandum authored by Michael Granston, the Director of the DOJ’s…

The FCA Insider

Certiorari Granted in Eleventh Circuit Case Interpreting Tolling Provision of FCA Statute

By Brett Barnett & Sarah Rashid

December 31, 2018

The Supreme Court recently granted certiorari in an Eleventh Circuit False Claims Act (FCA) case, Cochise Consultancy, Inc. v. U.S. ex rel. Hunt, No. 16-12836 (11th Cir. 2018). The Supreme Court will decide how the FCA’s statute of limitations applies in qui tam actions that are brought by a private relator, particularly in cases where the government has declined to intervene, resolving a long standing split among the circuit courts. The FCA’s statute of limitations…

Consumer FinSights

FDIC Requests Comments on Small-Dollar Lending by Banks

By Brett Barnett, Katie Campbell & Bill Mayberry

December 3, 2018

A recent FDIC request for information (RFI) suggests the FDIC is interested in enabling banks to offer small, short-term loans to consumers. Over the coming weeks the FDIC will be taking comments on the matter. After analyzing the comments received, the FDIC may issue guidance or regulations encouraging banks to offer these products. FDIC data suggests that 13% of U.S. households have unmet demand for small loans from banks, representing 14.8 million potential financial consumers.…

The FCA Insider

Eleventh Circuit Weighs In On FCA’s Alternate Remedies Provision

By David Pivnick & Brett Barnett

November 8, 2018

Due to the infrequency in which the situation arises, the FCA’s “alternate remedy” provision is infrequently invoked or discussed. In short, this provision states that when the relator presents information about a potential FCA claim for the Government to investigate, the Government has the option to pursue this claim through “any alternate remedy available to the Government.” The provision goes on to explain that if the Government pursues an “alternate remedy,” the relator has the…

Brett Barnett

OIG Redesigned Hotline Webpage

Updated Civil Monetary Penalties

Tenth Circuit Affirms an Award of Attorneys’ Fees for a Successful FCA Defendant

“Health Care Fraud Impacts Everyone”: Miner Emphasizes DOJ’s Ongoing Dedication to Combatting Fraud

DOJ’s Travel Act Prosecution Yields Convictions for Kickbacks Involving Private Payers

The Travel Act in the Healthcare Space: 3 Notable Considerations

DOJ Offers Further Guidance on False Claims Act Prosecutions

Certiorari Granted in Eleventh Circuit Case Interpreting Tolling Provision of FCA Statute

FDIC Requests Comments on Small-Dollar Lending by Banks

Eleventh Circuit Weighs In On FCA’s Alternate Remedies Provision

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