Skip to Main Content

"We have a fantastic relationship with the very knowledgeable Husch Blackwell Hospice team. They understand healthcare and the specific issues of the hospice industry. Our trust is in the legal team’s expertise – we’ve learned a lot and see things from a different perspective working with their hospice attorneys."

Viki Jingle, CEO, Community Healthcare of Texas

Overview

Bryan offers hospice clients comprehensive, nationwide representation on complex litigation, compliance and business matters.

With more than 20 years of litigation and regulatory experience, Bryan helps hospice clients across the country navigate the heavily regulated healthcare space. Home health agencies, palliative care organizations, hospitals and skilled nursing homes are among those that also rely on Bryan’s counsel. He is a staunch advocate when representing clients before local, state and federal judicial, quasi-judicial, administrative and legislative bodies. Clients also appreciate Bryan as an effective and responsive crisis manager when changing regulations destabilize daily operations. Working closely with clients, he develops practical strategies and remediation when they face issues including:

  • State and federal investigations
  • Whistleblower complaints
  • Audits
  • Federal fraud and abuse claims

Bryan understands that proactive compliance is often the best and most cost-effective defense, and he enjoys advising hospices and other healthcare clients on not only compliance but innovative concepts that can improve performance. He strives to deliver efficient solutions that meet clients' legal, clinical and operational demands.

"We have a fantastic relationship with the very knowledgeable Husch Blackwell Hospice team. They understand healthcare and the specific issues of the hospice industry. Our trust is in the legal team’s expertise – we’ve learned a lot and see things from a different perspective working with their hospice attorneys."

Viki Jingle, CEO, Community Healthcare of Texas


Industries

Services

Education

  • J.D., University of Wisconsin Law School
    • Order of the Coif
  • B.A., University of Notre Dame
    • cum laude
    • History

Admissions

  • Wisconsin
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Supreme Court

Professional Memberships and Certifications

  • American Health Law Association (AHLA)
  • Health Care Administrators Association (HCAA)
  • Dane County Bar Association (DCBA)
  • Western District of Wisconsin Bar Association
  • Seventh Circuit Bar Association
Experience

Regulatory

  • Routinely assists hospices in navigating audits and investigations by Unified Program Integrity Contractors (UPICs), Medicare Administrative Contractors (MACs) and Medicaid Integrity Contractors (MICs), reducing overpayment claims through analysis and rebuttal of technical, clinical and statistical positions of auditors.
  • Regularly counsels hospices and related palliative/healthcare clients on broad array of regulatory issues, including medical director and other physician relationships, Medicare and Medicaid survey issues, reimbursement (including repayments and disclosures), corporate compliance and compliance program development.
  • Routinely counsels hospices and related palliative/healthcare clients on federal fraud and abuse law matters, including Anti-Kickback Statute (AKS), Stark Law and False Claims Act (FCA).
  • Through administrative appeal process, decreased alleged $8.6 million hospice client's overpayment identified during Medicare audit to less than 1 percent: $77,000.
  • Appealed alleged overpayment finding during Medicare audit that placed nonprofit hospice client on brink of ceasing or selling operations, reducing overpayment by approximately $20 million.

Crisis Management

  • Provides numerous clients with crisis management, and accompanying counsel on loss prevention and risk identification, assisting clients in mitigating, reducing or eliminating exposure.
  • Counsels clients and helps them stay in business when they face unexpected obstacles as a result of quickly changing regulations such as Medicare payment suspension, which can be 95 percent of operational cash flow.

Healthcare & General Litigation

  • Successfully represented hospice provider in False Claims Act (FCA) and Anti-Kickback Statute (AKS) case before U.S. District Court for the Southern District of Georgia and the U.S. Court of Appeals for the Eleventh Circuit, securing non-intervention decisions by state and federal authorities, dismissal of all claims at the District Court, and affirmance of full dismissal at the Court of Appeals.
  • Represented scores of healthcare clients in state and federal lawsuits, arbitrations, and administrative adversary proceedings.
  • Negotiated non-intervention decisions with federal and state government enforcers in False Claims Act matters.
  • Persuaded trial court to dissolve a temporary restraining order that had halted a pending arbitration proceeding.
  • Successfully challenged, in circuit court, an administrative law judge's decision to deny confidential status to a client's highly proprietary business information.
  • In pro bono case, successfully overturned summary judgement on deliberate indifference claim in U.S. Court of Appeals, Seventh Circuit, on behalf of inmate client working as an electrician who received severe electrical shock due to equipment precautions not taken.
  • Represented hospice in appeal of a Medicare audit that resulted in an extrapolated overpayment of more than $12 million. Advocated for the hospice through the appeal process including a hearing before an administrative law judge. The extrapolation was thrown out and the ALJ returned a fully favorable ruling, resulting in a final overpayment amount of $0.00.
Podcast | February 06, 2020
Breaking Down TPEs: Facts and Strategies
Podcast | January 23, 2020
Your Hospice Team Has a New Home
Webinar | May 27, 2020
COVID-19 Town Hall for Hospices
News Releases | February 22, 2021
Husch Blackwell's Hospice Team Opens 2021 with Significant Audit Victory

The victory was the most significant victory to date for the Madison, WI-based team, which arrived at Husch Blackwell in January 2020.

News Releases | January 13, 2020
Husch Blackwell Lands Two Healthcare Groups in Wisconsin

“That two prominent groups of lawyers from two different firms see the same potential and opportunity at Husch Blackwell speaks volumes about our firm’s commitment to Madison and the larger Wisconsin market,” said Paul Eberle, Husch Blackwell’s Chief Executive.

Outside the Office

Bryan’s eight children keep him busy as a proud parent and foster dad.

Bryan, his wife and their eight school-aged children enjoy everything from baking cookies to Grand Canyon road trips – two vehicles required. Growing his family through foster parenting has been an especially joyful experience for Bryan.

Community Leadership
  • University of Wisconsin Law School, associate lecturer and guest faculty
  • High school mock trial competition, volunteer judge

Stay updated.

Subscribe to receive Husch Blackwell’s news and insights.

Select your preferences