Brian Bewley is a partner in the firm’s Life Sciences group and Healthcare practice. Leveraging his prior experience as a Senior Attorney and Team Leader in the Office of Inspector General for the Department of Health and Human Services (HHS-OIG), Mr. Bewley advises on a wide range of regulatory compliance and healthcare fraud and abuse matters including, but not limited to, federal and state Anti-Kickback and Stark laws, and Medicare and Medicaid reimbursement and coverage criteria. Mr. Bewley works with a wide range of healthcare and life sciences companies including global medical device and pharmaceutical companies, hospitals and health systems, long-term and post-acute care providers, pharmacies and pharmacy benefit managers, and investors that support these healthcare and life sciences companies.  

Mr. Bewley has a successful track record of defending clients in False Claims Act (FCA), civil monetary penalty and exclusion investigations, audits conducted by HHS-OIG and the Centers for Medicare and Medicaid Services (CMS), revocation and payment suspension actions, and negotiation of, and compliance with, Corporate Integrity Agreements. When necessary, and only after a thorough internal investigation to ensure no other alternative, Mr. Bewley also assists clients in making voluntary disclosures to HHS-OIG and CMS.  

Using his substantial regulatory and fraud and abuse experience, Mr. Bewley also advises buyers and sellers, including private equity firms and their respective portfolio companies, on complex compliance and operational issues both pre and post-transaction. This includes developing, or conducting assessments of, compliance programs for portfolio companies, as well as other companies at various stages of maturity.  

Prior to going into private practice in 2012, Mr. Bewley had a distinguished career in the federal government beginning with his acceptance into the highly competitive Department of Justice (DOJ) Attorney General’s Honors Program. Mr. Bewley then went on to serve as Senior Counsel for HHS-OIG where he was the Team Leader for the Boston, Miami, Dallas and San Francisco regions. During this period, Mr. Bewley was also appointed as a Special Assistant U.S. Attorney for DOJ by a former U.S. Attorney and now current federal judge. In these roles, Mr. Bewley represented the government in matters brought under the FCA, Anti-Kickback Statute, Stark Law, Medicare and Medicaid reimbursement rules and off-label marketing. 

Prior to attending law school, Mr. Bewley served in the United States Peace Corps where he taught the sciences, in French, to kids of all ages in Burkina Faso, West Africa.

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

Mr. Bewley has broad healthcare experience with a deep expertise on health care fraud and abuse matters as well as advising on M&A transactions. His experience includes:

  • Lead counsel for global pharmaceutical ingredient supplier and its wholly-owned subsidiaries in an investigation and subsequent settlement under the FCA concerning inflated average wholesale prices, kickbacks to physicians, and waivers of co-pay.* 
  • Lead regulatory counsel for private equity investment firm on its financing of a complex buyout and restructuring of a physician management and radiation oncology services company.*
  • Lead regulatory counsel to a private equity investment firm on its multi-billion dollar bid to take a publicly traded healthcare IT company private.*
  • Lead counsel for private equity backed portfolio provider and its management company in a voluntary disclosure to the HHS-OIG.*
  • Lead defense counsel for long term care company in two FCA matters, one of which settled after a protracted multi-year civil and criminal investigation, and another resulting in a declination by both the Department of Justice and State Attorney General’s Office.*  
  • Served as outside regulatory and fraud and abuse counsel to publicly traded Fortune 500 healthcare and life science corporation.*
  • Represented several large not-for-profit health systems in various regulatory and fraud and abuse issues.*
  • Lead counsel for a large pharmacy benefit manager in two separate investigations under the FCA, both of which were subsequently closed by DOJ without any further action.*
  • Represented a hospice services entity in a complex post-sale dispute with a private-equity backed national hospice company. After buyer self-disclosed to OIG, and sued the seller in arbitration for the proposed settlement amount with OIG, Mr. Bewley persuaded OIG that its client was the party-of-interest and negotiated a resolution with OIG for almost $10 million less than originally proposed.* 
  • Lead counsel for regional health system resulting in a declination by DOJ of a qui tam alleging false claims based on provider-based billing and 340B.* 
  • Represented numerous entities operating under Corporate Integrity Agreements with HHS-OIG.*

*Denotes experience prior to joining Goodwin.

 

Professional Activities
Mr. Bewley is a member of the American Health Law Association and the American Bar Association – Health Law Practice Group. He also previously served as a regional program chair for the Health Care Compliance Association from 2013 to 2017.

Recognition

  • Nashville “InCharge Healthcare” (2017-2020)
  • Super Lawyers – “Rising Star” (2014)
  • Inspector General Exceptional Achievement Award (2009-2012)
  • U.S. Attorney General Honors Attorney (2004)
  • Washington University Law Review – Executive Notes Editor

In The News

MELDUNGEN

ACTUALITÉS

相关新闻

Credentials

WERDEGANG

RÉFÉRENCES

专业资格

Education

J.D., 2004
Washington University School of Law
B.A., 1998
Drury University

Admissions

Bar

Tennessee
District of Columbia
Maryland
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.

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