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Biography

Brian focuses on regulatory compliance, transactional, and corporate law matters in the healthcare industry. He advises clients on a broad range of statutes and regulations affecting the healthcare industry including the Anti-Kickback Statute, the Stark Law, HIPAA, the Part 2 regulations, the False Claims Act, Civil Monetary Penalties for Beneficiary Inducements, Medicare billing and coding compliance, and licensure and enrollment matters. Brian assists with structuring and negotiating transactions and is regularly called upon as special regulatory counsel in connection with mergers and acquisitions in the healthcare industry. His practice includes consulting for physician group practices, hospitals, health systems, ambulatory surgery centers, pharmacies, home healthcare agencies, medical device companies, telemedicine companies, nursing home and assisted living facilities, dentists and orthodontists, and healthcare technology and digital health companies. Uniquely, Brian also counsels healthcare clients and businesses in the medical and recreational cannabis space where he has assisted in drafting policies and procedures for healthcare clients related to cannabis and assisted clients in procuring licenses in state-sanctioned cannabis programs.

Brian has been the Chair of the Cincinnati Bar Associationโ€™s Health Law Committee since 2019 and is on the selection committee for the SoCap Accelerate Program which assists health innovation start-ups. Prior to joining FBT, Brian was a corporate attorney at Medpace, Inc., a publicly-traded clinical research organization focused on the development of pharmaceuticals and medical devices. Brian also served as a legal intern to The Christ Hospitalโ€™s legal department in Cincinnati, Ohio during law school.

 

Other Info About Brian

Experience

Legal Work Highlights

Appealed Medicare overpayment allegations for physicianโ€™s pain practice reducing the total amount of the overpayment by 83%.

Assisted with representation of orthopedic medical group in sale to private equity buyer in a transaction valued at over $30,000,000.

Counseled healthcare wellness company in buy-out of former ownerโ€™s ownership interest.

Counseled hospital on Medicare billing compliance issues related to sleep studies and use of modifiers to eliminate need for self-disclosure of discovery of overpayments.

Served as healthcare regulatory counsel — advising on HIPAA, Anti-kickback, and Stark law matters — to healthcare technology company assisting with delivery of prescription drugs from pharmacies nationwide.

Assisted clients applying for medical marijuana dispensary, processor, and cultivation licenses in state-wide competitive bidding process.

Drafted policies and procedures for health systems permitting the use of medical marijuana on their property.

Counseled laboratories on compliance issues related to the Eliminating Kickbacks in Recovery Act (EKRA), Medicare billing and coding, and the Anti-Kickback Statute.

Education

Law School

University of Cincinnati, College of Law, J.D., 2015
Deanโ€™s List โ€“ Spring 2014, Fall 2014, Spring 2015
Moot Court Honor Board Member
Associate Editor of the Immigration and Nationality Law Review

Undergraduate School

Denison University, B.A., Spanish, 2009
Deanโ€™s List Fall 2006, Spring 2007, Spring 2008
National Spanish Honor Society Inductee (Sigma Delta Pi)

Clerkships

Brian served as a clerk for the court(s) and judge(s) below:

New York State Supreme Court, Judge John Curran

Bar Memberships

Brian is licensed to practice in the following state(s):

Ohio, 2016

Recognition

Local & National Recognition

Selected for inclusion in Ohio Rising Starsยฎ, 2022

Professional Affiliations

Professional Affiliations & Memberships

Co-Chair, Cincinnati Bar Associationโ€™s Health Law Committee

Presentations

Brian was invited to speak at the following events:

COVID-19 Hospital Funding & Other Related Issues |ย Kentucky and West Virginia Hospital Associations (Webinar), May 21, 2020

Medical Marijuana Law Updateย |ย The Health Collaborative (Cincinnati, Ohio), April 1, 2019

Medical Marijuana Law for Elder Care Professionalsย |ย The Forum on Agingโ€™s Annual Conference (Sharonville, Ohio Convention Center), March 12, 2019

Medical Marijuana Law for Health Care Professionals |ย Law Office of Dennison Keller (Blue Ash, Ohio), February 28, 2019

Ohioโ€™s Medical Marijuana Law: What Elder Care Professionals Need to Knowย |ย Law Office of Dennison Keller (Blue Ash, Ohio), August 23, 2018

Ohioโ€™s Medical Marijuana Lawย |ย Cincinnati Bar Associationโ€™s Health Law Series (Cincinnati, Ohio), December 6, 2018

Medical Marijuana Law Updateย |ย The Health Collaborative (Cincinnati, Ohio), November 2, 2018

Medical Marijuana Law for Health Care Professionals and Employers Webinarย |ย Rich Moore and Brian Higgins, November 13, 2018

Ohioโ€™s Medical Marijuana Law |ย Cincinnati Bar Association Brown Bag Series (Cincinnati, Ohio), October 3, 2018

Medical Marijuana Law for Hospitals |ย Ohio Hospital Association Annual Conference (Columbus, Ohio), June 5, 2018

What will Happen to the Affordable Care Act under the Trump Administration?ย |ย Frost Brown Todd (Cincinnati, Ohio), February 10, 2017

Major Publications

Brian is an author or contributor to the following publications:

“Health Care Industry Must Provide Patient Notes via Third-Party App,”ย Thomson Reuters | Attorney Analysis,ย July 2021

Co-Author: “Clinically integrated networks and the Triple Aim: better health care, reduced costs,” Reuters Legal News, January 6, 2022, with Darren Skyles

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