Bradley J. Sayles

My practice is focused entirely in the area of health care. I have defended nurses, physicians and hospitals against allegations of medical malpractice. I have assisted clients in developing business opportunities that are compliant with federal and state laws and industry guidelines. I have worked in the areas of fraud and abuse defense, defending individual practitioners to large national corporations facing False Claims Act and Anti-Kickback statute allegations, as well as numerous health care providers throughout the country subject to Medicare and Medicaid audits and appeals. 

In addition to my FCA and AKS work, I have also provided assistance to health care entities concerning EMTALA, FFD&C Act, HIPAA, PSQIA and a number of other acronyms.

My experience includes: 

Assisted in responding to state and federal investigations, including extensive Civil Investigative Demands and management of large e-discovery components, documentation requests, onsite visits, other audits; as well as conducting internal investigations and assisting with self-reporting; 

Represented clients during False Claims Act litigation including alleged violations of Federal Health Care Program requirements, Anti-Kickback Statute, Stark, FDA misbranding and off-label use, and others; 

Advised providers regarding state and federal regulatory compliance, including 340B, PSQIA, HIPAA, conditions of participation and payment, state licensure requirements and certificate of need issues; 

Represented a large behavioral health hospital in combating Medicaid managed care denials that resulted in recouping over half a million dollars in previously denied care and significant changes to Kentucky law.

Represented providers in state and federal administrative appeals involving discretionary exclusion, overpayment demands, extrapolations, Civil Monetary Penalties, pre-authorization denials, and rate disputes; 

Defended providers in state and federal court against claims of medical malpractice, EMTALA violations, and contractual disputes; 

Advised provider associations regarding state and federal laws; assist with drafting statutes, regulations and commentary beneficial to the association’s members; 

Served as special counsel in numerous matters including compliance reviews during due diligence, asserting the federal patient safety work product privilege in employment and malpractice claims, and in federal administrative proceedings involving extrapolation errors.