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Haynes and Boone, LLP

Stacy L. Brainin

Stacy L. Brainin

Partner

Haynes and Boone, LLP
Texas, U.S.A.

tel: +1 214 651 5584
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Profile
Stacy Brainin has extensive experience in white collar criminal defense and government investigations, including representation of companies and individuals in both criminal and civil matters. Her practice also includes complex business litigation with an emphasis in healthcare and professional liability matters. She has defended cases alleging civil and criminal business fraud in state and federal courts throughout the country.

Stacy represents and advises healthcare providers in civil and criminal disputes with state and federal government agencies. She is experienced in handling internal investigations, compliance programs and legal audits.

Stacy has served as adjunct professor at the University of Texas School of Law from 2009 to present.

Education

J.D., University of Texas, 1984, high honors; Order of the Coif; Associate Editor of Texas Law Review
B.A., University of Texas, 1981, high honors; Phi Beta Kappa
Areas of Practice
Professional Career

Significant Accomplishments

Handling subpoenas/government investigations of healthcare providers in connection with sealed False Claims Act qui tam matters in multiple jurisdictions.

Served as the Outside Expert to the Parkland Health & Hospital System Board of Managers under its Corporate Integrity Agreement with the Department of Health & Human Services Office of Inspector General.

Represented a clinical laboratory in False Claims Act qui tam in the Northern District of Texas alleging violations of the Anti-Kickback Statute related to pharmacogenetic testing. See United States ex rels. Choate and Pyburn v. DNA Stat et al. (N.D. Tex.).

Represented national hospice provider in False Claims Act qui tam in the Northern District of Texas alleging violations of the Stark Law and Anti-Kickback Statute. See United States ex rel. Capshaw v. White (N.D. Tex.).

Represented national health insurance company in False Claims Act qui tam in the Middle District of Tennessee alleging violations of the False Claims Act in 26 states in connection with processing Medicaid third party liability claims. See United States ex rel. Kramer v. Humana Inc. (M.D. Tenn.). Obtained full declination and dismissal.

Represented national healthcare provider in sealed False Claims Act qui tam in the Northern District of Texas alleging unnecessary cardiac procedures at hospitals in ten states. Obtained full declination and dismissal.

Represented national healthcare provider in sealed False Claims Act qui tam in the Middle District of Tennessee alleging violations of the Stark Law and Anti-Kickback Statute related to hospital medical directorship agreements. Obtained full declination and dismissal.

Represented a psychiatric hospital in False Claims Act Investigation based on alleged violations of the Stark Law and Anti-Kickback Statute related to medical directorship agreements for physicians dedicated to elder care.

Represented clinical laboratory in False Claims Act investigation by the U.S. Attorney’s Office for the Northern District of Texas and the Department of Health and the Office of Personnel Management concerning claims submitted to which administers Federal Employee Health Benefit Programs for immunology testing services supporting personalized treatment of disease.

Represented pathology laboratories Caris MPI, Inc. and Miraca Life Sciences, Inc. in False Claims Act qui tam in the Northern District of Texas alleging improper billing and violations of the Anti-Kickback Statute. See United States ex rel. Fontanive et al. v. Caris Life Sciences, Inc. et al. (N.D. Tex.).

Represented national healthcare provider in False Claims Act qui tam in the Middle District of Tennessee alleging violations of the Stark Law and Anti-Kickback Statute related to employed physician compensation arrangements, coding of evaluation and management procedures, and physician supervision issues. See United States ex rel. Lee v. Vanguard Health Service, Inc., et al. (M.D. Tenn.).

Represented toxicology laboratories in False Claims Act qui tam filed in the Northern District of Texas alleging violations of the federal Anti-Kickback Statute and Stark Law, as well as the Texas False Claims Act, related to physician lab ownership interests. See United States of America et al. v. U.S. Health Group, Inc. et al. (N.D. Tex.).

Represented national healthcare provider and six affiliated hospitals in sealed False Claims Act qui tam in the Western District of New York alleging improper billing for kyphoplasty procedures.

Represented national healthcare provider in False Claims Act qui tam in the Southern District of Florida alleging violations of the Stark Law and Anti-Kickback Statute related to medical office building leasing in Florida, Georgia, Missouri, Texas, California, Alabama and Tennessee. See United States ex rel. Osheroff v. Tenet Healthcare Corporation, et al. (S.D. Fla.).

Represented nursing homes throughout Texas in False Claims Act qui tam in the Northern District of Texas alleging improper billing. See United States ex rel. Gleason et al. v. Nexion Health, Inc. et al. (N.D. Tex.).

Represented national drug testing laboratory in investigation in Virginia conducted by the United States Department of Health and Human Services Office of Inspector General alleging improper billing of drug tests.

Represented a private, for-profit school system in a False Claims Act qui tam action in the Northern District of Texas alleging violations of Title IV of the Higher Education Act by providing admission personnel prohibited incentive compensation and violations of Texas state regulations governing certification of schools.

Represented national healthcare provider in investigation of potential submission of false claims for improper billing of partial hospitalization program services and in Self-Disclosure Protocol.

Represented long-term acute care facility in False Claims Act qui tam action alleging false claims for payment related to patient billing practices at a West Virginia long-term acute care facility.

Represented long-term acute care facility in False Claims Act qui tam in the Eastern District of Michigan alleging false claims for payment related to the admission and continued hospitalization of patients.

Represented former national sales director of an orthopedic device company in civil and criminal investigation in the District of Massachusetts alleging kickbacks to physicians in the form of sham consulting agreements, research grants, entertainment, travel and other incentives to induce use of surgical devices.

Represented national healthcare provider in an investigation alleging submission of false claims in cardiac catheterization laboratories in Florida.

Represented healthcare group purchasing organization in connection with civil and criminal investigation in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General alleging violations of the federal Anti-Kickback Statute.

Represented national healthcare provider in investigation alleging submission of false claims for improper coding of cardiac stent procedures.

Represented a major medical device manufacturer, in False Claims Act qui tam suit in the Southern District of Texas, alleging violations of the False Claims Act related to off-label marketing of cardiac devices.

Represented national healthcare provider in False Claims Act suit alleging false claims for payment related to hyperbaric oxygen therapy services. See United States of America ex rel. Sturrock v. Tenet Healthcare Corp. and Southwest General Hospital (W.D. Tex.).

Represented Baylor University Medical Center in, a multi-district False Claims Act suit brought against major hospital systems in the United States alleging false claims for payment for investigational heart devices. Case dismissed on interlocutory appeal to the Second Circuit Court of Appeals. See In re Cardiac Devices Qui Tam Litigation (D. Conn.).
Articles

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, May 2018
Haynes and Boone, LLP, May 2018

View a PDF of the May 2018 edition of the Haynes and Boone Health Law Vitals newsletter. Healthcare Hazards Involving Medical Records During Bankruptcy Companies in the healthcare industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. In February 2018, the U.S...

Health Law Vitals - A Healthcare Newsletter from Haynes and Boone, March 2018
Haynes and Boone, LLP, March 2018

 More than two and a half years after the U.S. Food and Drug Administration (FDA) announced that it was reevaluating its regulatory framework for homeopathic products, the FDA released its Draft Guidance on Drug Products Labeled as Homeopathic. The Draft Guidance summarizes the FDA’s current enforcement perspective on homeopathic products and provides a list of the FDA’s enforcement priorities.The bills reawakened a debate about the pros and cons of POHs...

False Claims Act Year in Review 2016
Haynes and Boone, LLP, January 2017

The False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA) continued to be a significant focus of government and whistleblower activity in 2016. ThisYear in Review highlights several key developments, including:   The U.S. Department of Justice is continuing its strong enforcement of the FCA, including recovering more than $4.7 billion in settlements and judgments in FCA cases in 2016, as well as continuing its focus on individual culpability...

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