In the News

Texas Super Lawyers Features 91 Haynes and Boone Lawyers

Ninety-one Haynes and Boone, LLP lawyers have been recognized in the Texas Super Lawyer 2013 award listing. >>



Recent Publications

Healthcare Delivery in a Post-Affordable Care Act World

Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014. >>

False Claims Act Year in Review 2013

This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court. >>



Stacy L. Brainin

Partner
General Counsel

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5584
F +1 214.200.0373

Areas of Practice

Education

  • J.D., University of Texas at Austin School of Law, 1984, high honors; Order of the Coif; Associate Editor of Texas Law Review
  • B.A., University of Texas at Austin, 1981, high honors; Phi Beta Kappa

Bar Admissions

  • Texas

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
Stacy L. Brainin

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.

Recent Publications and Presentations

  • Speaker, ABA National False Claims Act and Qui Tam Trial Institute, Washington D.C., June 2013.
  • "Conflicts of Interest and Other Ethical Issues Facing Law Firms and In-House Lawyers," Texas Bar CLE's 9th Annual Advanced Business Law Course, October 13, 2011.
  • "Where the Wild Things Are: An Update of Recent 'Ethical' Decisions," Co-author with John Middleton, 2010 Northern District of Texas Bankruptcy Bench/Bar Conference, May 14, 2010.
  • "Internal Investigations In Health Care: Strategic and Ethical Considerations," Texas Health Law Conference, October 13, 2009.
  • "Criminal and Civil Enforcement Actions for Fraud and Abuse: How to Effectively Investigate, Respond and Defend," University of Houston Health Law & Policy Institute's Health Care Law, July 2008.
  • "Internal Investigations in Health Care: Unique Enforcement Environment and the Dilemma of Disclosure," Internal Corporate Investigations, American Bar Association, 3rd ed. 2007.
  • "What Civil Lawyers Need to Know About Criminal Law," Chapter 19, State Bar of Texas State Bar College Summer School, Galveston, July 2004.
  • "Health Care: A Unique Criminal and Civil Enforcement Environment," South Texas Law Review, Vol. 45, Winter 2003.
  • "From Thornburgh to McDade - Ex Parte Contacts with Corporate Employees During Government Investigations," American Bar Association 14th Annual National Institute on White Collar Crime, 2000.
  • "Government Investigations and Corporate Criminal Law: Topics of Interest for General Counsel," 10th National Forum for Women Corporate Counsel, January 25, 2000.

Professional Recognition

  • Texas Super Lawyers — Criminal Defense: White Collar (2003-2014) Health Care, Business Litigation (2013-2014) 
  • Best Lawyers in America — Antitrust Law (2005-2011); Litigation - Antitrust (2012-2015); and Healthcare (2013-2015)
  • Best Lawyers in Dallas — Criminal Defense: White Collar; Antitrust Law (2011-2012)
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Selected Representative Experience


Defense of Pathology Laboratory in False Claims Act Litigation
Representation of pathology laboratory in False Claims Act qui tam in the Northern District of Texas involving allegations of improper billing and kickbacks.

Settlement of Civil Monetary Penalty Liability for Medicare Part D Insurance Provider
Representation of Medicare Part D insurance provider in settlement with the Office of Inspector General for civil monetary penalty liability for improper collection of state sales tax.

Walker v. Alta Colleges
Successfully defeated class certification in a first-of-its-kind lawsuit alleging that out-of-state online college violated Texas Education Code by enrolling Texas students. After defeating class certification we successfully opposed a request for an interlocutory appeal to the Fifth Circuit and an effort to substitute a new proposed class representative.

School District Bid-Rigging Investigation
Representation of major North American dairy in investigations by the U.S. Department of Justice's Antitrust Division and the Attorney General of Texas into alleged bid rigging and market allocation among school districts.

Dean Foods Company Derivative Litigation
Represent Dean Foods Company in shareholder derivative litigation in which current and former directors are alleged to have breached their fiduciary duties to the company by participating in, or failing to prevent, violations of U.S. antitrust laws.

DOJ and State of Texas Price-Fixing Investigation
Defense of national dairy producer in state and federal antitrust price-fixing investigations.

Healthcare Fraud Litigation
Successfully defended a national healthcare provider in three lengthy jury trials involving allegations of fraud, conspiracy, antitrust and RICO violations. All three resulted in complete defense verdicts. The second, named 1999's biggest defense win by The National Law Journal, involved allegations of fraud and conspiracy. Punitive damages of $150 million were sought, and after a four-week trial, the jury found no fraud and awarded no damages.

In re Cardiac Devices Qui Tam Litigation
Representation of Baylor University Medical Center in In re Cardiac Devices Qui Tam Litigation (D. Conn.), 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. Obtained dismissal of the case on interlocutory appeal to the Second Circuit Court of Appeals.

Defense of Healthcare Group Purchasing Organization for Anti-Kickback Violations
Representation of healthcare group purchasing organization in connection with civil and criminal investigation by the United States Attorney's Office in the Northern District of Texas and United States Department of Health and Human Services Office of Inspector General into alleged violations of Anti-Kickback statute.

Defense of Alta Colleges in False Claims Act Case Involving Incentive Compensation and For-Profit School Certification
Representation of Alta Colleges, a private, for-profit school, in a False Claims Act qui tam action (N.D. Tex.) 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.

Defense of National Drug Testing Laboratory for False Billing of Drug Tests
Representation of national drug testing laboratory in investigation in Virginia into allegations of improper billing of drug tests.

United States ex rel. Doe v. Medtronic, Inc.
Representation of Medtronic, a major medical device manufacturer, in False Claims Act qui tam suit (S.D. Tex.) and investigation of alleged violations of the False Claims Act related to marketing of cardiac surgical ablation devices.

False Claims Act and Anti-Kickback Investigation of Orthopedic Spine Company
Representation of former national sales director of an orthopedic spine company in civil and criminal investigation (D. Mass.), involving allegations that company paid kickbacks to physicians in the form of sham consulting agreements, research grants, entertainment, travel and other incentives to induce use of surgical devices.

Defense of Sealed Qui Tam for Stark and Anti-Kickback Allegations on Medical Office Building Leasing
Representation of national healthcare provider in sealed False Claims Act qui tam in Florida involving allegations of violations of the Stark law and Anti-Kickback Act related to medical office building leasing in Florida, Georgia, Missouri, Texas, California, Alabama and Tennessee.

Defense of Long-Term Acute Care Facility in False Claims Act Qui Tam
Representation of long-term acute care facility in False Claims Act qui tam (E.D. Mich.) alleging false claims for payment related to the admission and continued hospitalization of patients.

False Claims Act Investigation of Cardiac Catherization Laboratories
Representation of one of the nation’s largest healthcare providers in an investigation of allegations of potential submission of false claims in cardiac catherization laboratories in Florida. The investigation included a review of medical records to analyze quality of care and voluntary disclosure issues.

Defense of Long-Term Acute Care Facility in False Claims Act Litigation
Representation of long-term acute care facility in the settlement of False Claims Act action filed by two relators alleging false claims for payment related to patient billing practices at a West Virginia long-term acute care facility.

United States ex rel. Graves v. ITT Educ. Services, Inc.
Representation of ITT, a for-profit vocational school, in a qui tam action brought by former employees involving allegations that ITT violated provisions of Title IV of the Higher Education Act by providing its admissions/recruitment personnel prohibited incentive compensation. Obtained a dismissal at the district court and an affirmance of the dismissal at the Fifth Circuit Court of Appeals.

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

False Claims Act Investigation of Cardiac Stent Procedures
Representation of national healthcare provider in investigation of allegations of potential submission of false claims for improper coding of cardiac stent procedures in hospital in Missouri.

Investigation of False Claims for Partial Hospitalization Program Services
Representation of national healthcare provider in investigation of potential submission of false claims for improper billing of partial hospitalization program services and in self-disclosure protocol.

Defense of Nursing Homes in False Claims Act Suit for Improper Billing of Dual Skilling
Representation of nursing homes in Texas (N.D. Texas) in False Claims Act qui tam brought by vendor alleging improper billing for dual skilling.

Defense of Sealed Qui Tam Alleging False Billing for Kyphoplasty Procedures
Representation of seven healthcare providers in sealed False Claims Act qui tam in the Western District of New York involving allegations of improper billing for kyphoplasty procedures.

Memberships

  • American Bar Association, Section of Litigation and Criminal Justice Section, White Collar Crime Committee, Health Care Fraud Subcommittee
  • Dallas Bar Association Antitrust & Trade Regulation Section
  • W.M. “Mac” Taylor, Jr. American Inn of Court



Online Publications

02/19/2014 - Healthcare Delivery in a Post-Affordable Care Act World
Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014.

01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.

05/19/2011 - Will Pioneer ACOs Come to the Rescue, or is the Government Rearranging Deck Chairs on the Titanic?
The Centers for Medicare and Medicaid Services (CMS) announced the creation of so-called “Pioneer ACOs” on May 17 in an attempt to blunt heavy criticism over the draft regulations on Accountable Care Organizations (ACOs) issued on March 31, 2011 (the “Draft Regulations”). The Draft Regulations have been criticized due to their burdensome data collection requirements, large start-up costs, uncertain savings, possible losses and troublesome governance mandates.

05/13/2011 - FTC Orders Texas Doctors' Group to Cease Joint Price Negotiations with Insurers
Southwest Health Alliance (“Southwest”), an independent practice association with approximately 900 member-physicians, has agreed to a proposed order recently entered by the Federal Trade Commission (“FTC”) settling charges that it engaged in anticompetitive conduct in its dealings with insurers and other payors for the provision of physician services (collectively, “insurers” or “payors”).

04/20/2011 - Medicare EHR Incentive Program Starts Attestation Phase: Physicians and Hospitals to Share $27 Billion Beginning May 2011
On April 18, 2011, the Centers for Medicare and Medicaid Services (CMS) began the attestation phase under its $27 billion Medicare EHR Incentive Program. Incentive payments for the meaningful use of electronic health records (EHR) will begin in May 2011 and will continue over the next several years.

04/04/2011 - ACOs Face Large Start-Up Costs, Uncertain Savings and Possible Losses Under Proposed Rules from CMS
Accountable Care Organizations (ACOs) will face large start-up costs under proposed rules issued on March 31, 2011 by the Centers for Medicare and Medicaid Services (CMS), with an uncertain outlook for savings and even possible losses.

03/15/2011 - Office for Civil Rights Announces Fines for Violations of HIPAA Privacy Rule
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has recently announced two significant enforcement actions against health care providers for violating the HIPAA Privacy Rule.

05/14/2010 - Where the Wild Things Are: An Update of Recent “Ethical” Decisions
This paper is designed to provide a brief update of recent decisions of note that concern various ethical issues bankruptcy attorneys often encounter, focusing on conflicts of interest and privilege issues.

06/03/2009 - Medicare's Recovery Audit Contractor Program: RAC Reviews and Appeals
In order to ensure accurate payments under the Medicare fee-for-service program, the Centers for Medicare & Medicaid Services (“CMS”) has implemented the Recovery Audit Contractor (RAC) program. This Health Care Alert provides the most recent information from CMS regarding the start dates for automated and complex reviews, “good cause” claim reopenings, the five-level Medicare appeals process, limitations on recoupment of alleged overpayments, and charts on the RAC process and Medicare appeals process.

05/27/2009 - Fraud Enforcement and Recovery Act Expands Liability Under the False Claims Act and Criminal Fraud Provisions
On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). This comprehensive legislation expands the reach of federal law and increases funding for federal agencies to combat financial fraud. The most dramatic changes affecting government contractors and organizations participating in federally-funded programs are found in FERA’s expansion of the False Claims Act (“FCA”).

10/08/2008 - "RACs Are On Their Way"
CMS has begun rolling out the Medicare RAC Demonstration Project on a permanent, nationwide basis. The RACs are paid solely on the amount of overpayments recovered from providers and will work cooperatively with fraud investigators and the Department of Justice. The permanent RAC program was scheduled to roll out on a national basis to the first group of states on October 1, 2008 (including Florida and Colorado), the second group of states on March 1, 2009 (including Texas and California), and the final group on August 1, 2009 (including Louisiana and New Jersey).

09/04/2007 - CMS Final Disclosure Rules on Physician Ownership & Physician Coverage of Hospital

06/25/2007 - Healthcare Legislation Update--Texas Legislature 80th Regular Session

04/27/2007 - Federal and Texas Requirements for Disclosure of Physician Ownership

01/08/2007 - Hot Topics in Health Care for Texas' 80th Legislative Session

01/05/2007 - Texas Regulatory Developments: Hospital Licensing and Pain Management Rules

12/19/2006 - 2007 Other Miscellaneous Policies Client Alert

05/30/2006 - IRS Compliance Check Questionnaire Sent to 600 Tax-Exempt Hospitals