John T. Brennan, Jr. is a partner at Crowell & Moring and a member of the firm's Health Care Group. His practice primarily focuses on health care fraud and abuse matters. He defends clients in federal litigation, investigations and enforcement actions, especially relating to the federal False Claims Act and the anti-kickback and physician self-referral (Stark Law) statutes. He deals frequently with the Department of Justice and Health & Human Services - Office of the Inspector General. In addition to his litigation practice, John often advises clients on compliance matters, and conducts internal investigations related to potential fraud and abuse issues. John's practice also includes advising clients on reimbursement, transactional, physician relations, licensure and certification, and other regulatory issues.
John graduated cum laude from Georgetown University Law Center in 1978. He also holds a master's degree in hospital administration from The George Washington University. He received his undergraduate degree from Union College, where he graduated cum laude and was elected to Phi Beta Kappa. Prior to entering law school, John was employed as a hospital administrator for several years.
John was named an American Health Lawyers Association Fellow in 2007, an honor bestowed on only 70 of the Association's 10,000 members. He served for three years as Chair of the AHLA's 1,700-member Fraud and Abuse, Self-Referrals and False Claims Specialty Law Committee, the AHLA's largest Specialty Committee, and prior to that was vice-chair of that Committee. John is uniquely ranked as a Band One healthcare attorney on both a nationwide and District of Columbia level. He has been Band One rated by Chambers for the past 14 years and is an Acritas Star, Acritas Star Independently Rated Lawyers (2016, 2018, 2019). John has also been named one of the nation's Top Health Care Attorneys by Best's each year since 2006, as well as having appeared in multiple editions of The Best Lawyers in America since 2008 and Super Lawyers since 2007.
John lectures and writes regularly on health care fraud and abuse topics. He has frequently conducted the Health Care Fraud Primer session at the AHLA's Annual Conference, as well as presenting at the annual Health Care Fraud Update for Physicians and Hospitals at the AHLA Medicare/Medicaid Conference. He also speaks regularly at the ABA White Collar Health Care Fraud Institute. He has written law journal articles on the False Claims Act and co-edited numerous AHLA Members Briefings on the Stark Law, including the Stark II Phase I, Phase II, and Phase III Final Rules, and also served on the AHLA's prestigious Stark Law Convener Panel, which Panel in 2010 made specific recommendations for changes in the law that have since been adopted by CMS or Congress.
John is a member of the District of Columbia Bar and has appeared in numerous federal and state courts and in administrative proceedings nationwide.
Affiliations
Admitted to practice: District of Columbia
Highlights, News & Knowledge
Speeches & Presentations
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"Health Care Industry Emerging Legal Issues Webinar Series: How to Survive a Subpoena/CID," Crowell & Moring Webinar
(November 17, 2015).
Presenters: John T. Brennan Jr. and David W. O'Brien.
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"Health Care Industry Webinar Series Fraud and Abuse: Compliance Risks in 2015," Crowell & Moring Webinar
(March 12, 2015).
Presenters: John T. Brennan Jr., Troy A. Barsky, and Meredith Larson.
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"Health Care Industry Webinar Series Fraud and Abuse: Compliance Risks in 2015," Crowell & Moring Webinar
(March 12, 2015).
Presenters: John T. Brennan Jr. and Troy A. Barsky.
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"False Claims Act and Government Investigations: How to Survive a CID," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C.
(October 27-28, 2014).
Presenters: John T. Brennan Jr. and David W. O'Brien.
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"Fraud and Abuse Developments in Healthcare Reform," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS)
(April 26-27, 2010).
Presenters: Shauna E. Alonge and John T. Brennan, Jr.
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"Update on Fraud & Abuse Issues Impacting Hospitals and Physicians," AHLA Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland
(March 21-23, 2007).
Presenter: John T. Brennan Jr.
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"Dealing With The Government When A Stark Violation Is Discovered," AHLA/HCCA Fraud and Compliance Forum, Baltimore, Maryland
(September 25-27, 2006).
Presenter: John T. Brennan Jr.
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"Scope of Refund Obligation in Light of Stark Violation," AHLA Teleconference 'Impossilbe Mission?'
(January 25, 2006).
Presenter: John T. Brennan Jr.
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"Whistling While You Work: Dangers of a Qui Tam Lawsuit and How to Avoid Them," Crowell & Moring Healthcare Ounce of Prevention Seminar
(October 27, 2005).
Co-Presenters: John T. Brennan, Jr., David W. O'Brien and Michael W. Paddock.
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"Fraud and Abuse Primer," AHLA Institute on Medicare and Medicaid Payment Issues, Baltimore, Maryland
(March 18, 2005).
Presenter: John T. Brennan Jr.
Publications
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"Limits Of DOJ's Qui Tam Dismissal Authority Are Unsettled," Law360
(July 2, 2019).
Authors: Jason M. Crawford, John T. Brennan, Jr., and Keith J. Harrison.
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"OIG Updates Policy on Permissive Exclusions Based On Fraud and Kickbacks," Crowell & Moring's Health Law Blog
(April 28, 2016).
Authors: John Brennan, Troy A. Barsky, and Harsh P. Parikh.
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"$9.9 Million Settlement To Resolve Allegations That Hospital System Overpaid Physicians Approved by Georgia Federal Court," Crowell & Moring's Health Law Blog
(February 24, 2016).
Authors: Harsh P. Parikh, Jennifer Williams, Troy A. Barsky, and John Brennan.
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"Negating Elements for Kickbacks: District Court in the Fifth Circuit Grants Defendant's Partial Summary Judgment Motion," Crowell & Moring's Health Law Blog
(January 4, 2016).
Authors: John T. Brennan Jr. and Harsh P. Parikh.
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"United States v. AseraCare: A Look at the First (and Perhaps Last) Bifurcated FCA Trial," Crowell & Moring's Whistleblower Watch
(December 2, 2015).
Authors: Robert T. Rhoad, John T. Brennan Jr., and Jason M. Crawford.
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"DOJ's Memo on Individual Accountability Tears at the Corporate Veil," Crowell & Moring's Health Law Blog
(September 24, 2015).
Authors: John Brennan, Troy A. Barsky, and Stephanie Willis.
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"Limitations on the Use of the False Claims Act to Enforce Quality of Care Standards," J. Health & Life Sci. L.
(October 2008, at 37).
Co-Authors: John T. Brennan, Jr. and Michael W. Paddock.
Client Alerts & Newsletters
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"CMS Issues Sweeping Reform to Modernize the Stark Law: Part I,"
Health Care Alert
(November 30, 2020).
Contacts: Troy A. Barsky, John T. Brennan Jr., Lidia Niecko-Najjum, Roma Sharma
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"HHS' Distribution of Provider Relief Funding to Skilled Nursing Facilities Along with New Terms and Conditions Raises Compliance Considerations for Providers,"
Health Care Alert
(May 29, 2020).
Contacts: John T. Brennan Jr., Brian McGovern, Brian Tully McLaughlin, David W. O'Brien, Matthew Vicinanzo
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"Guide to the COVID-19 Crisis Stark Waivers,"
Health Care Alert
(April 9, 2020).
Contacts: Troy A. Barsky, John T. Brennan Jr., Kelly Hightower Hibbert
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"DOJ's Dilemma: Granston Motions are on the Rise… But Not Always Met with Swift Justice,"
(July 12, 2019).
Contacts: John T. Brennan Jr., Keith J. Harrison
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"Payers, Providers, and Patients – Oh My!: FCA Dismissals Under the Granston Memo,"
Podcast: Payers, Providers, and Patients – Oh My!
(June 26, 2019).
Contacts: John T. Brennan Jr., Joe Records, Payal Nanavati
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"Charitable Donations Not Grounds for False Claims Act Liability, But Government Scrutiny Continues,"
Health Care Alert
(January 25, 2018).
Contacts: Brian Tully McLaughlin, Troy A. Barsky, John T. Brennan Jr., Lauren R. Nunez, Rochelle-Leigh Rosenberg
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"Unqualified Expert Witness Causes DOJ to Dismiss FCA Case,"
Health Care Alert
(November 17, 2017).
Contacts: David W. O'Brien, John T. Brennan Jr., Brian Tully McLaughlin, Troy A. Barsky
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"Hospitals Beware: Medicare Electronic Health Records Incentive Payments to Hospitals are in the OIG’s Crosshairs,"
Health Care Alert
(July 28, 2017).
Contacts: Jodi G. Daniel, John T. Brennan Jr.
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"Changes to the CMS Self-Referral Disclosure Protocol: Continuing Challenges & Issues Providers Need to Address Before Disclosure,"
Health Care Alert
(June 5, 2017).
Contacts: Troy A. Barsky, John T. Brennan Jr., Roma Sharma
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"Where Fraud Leads, We Will Follow: DOJ to Heighten Focus on Corporate Health Care Fraud, Health Care Executives, and Adequacy of Compliance,"
White Collar Alert
(April 19, 2016).
Contacts: David W. O'Brien, John T. Brennan Jr., Troy A. Barsky, Stephen M. Byers, Kelly T. Currie, Nimrod Haim Aviad, Laura Schwartz
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"Medicare Accountable Care Organizations: The Time is Now,"
Health Care Alert
(April 15, 2014).
Contacts: Troy A. Barsky, John T. Brennan Jr., Todd D. Rosenberg
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"Landmark False Claims Act Judgment: What Hospitals and Healthcare Providers Should Know,"
Health Care Alert
(October 17, 2013).
Contacts: Troy A. Barsky, John T. Brennan Jr.
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"State University Hospital Fends Off FCA Claims Under "Arm-of-the-State" Test,"
(July 16, 2013).
Contacts: John T. Brennan Jr., James J. Regan, Peter Eyre, Stephen J. McBrady
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"DOJ Puts Academic Medical Centers in Spotlight,"
Government Contracts Bullet Points
(November 29, 2012).
Contacts: James J. Regan, John T. Brennan Jr., Stephen J. McBrady
Media Mentions
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Health Reform is Wonder Drug for D.C. Firms
June 21, 2010 — The National Law Journal
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Phase III Regs on Physician Self-Referrals Delayed Until March 2008, CMS Rule Says
March 28, 2007 — BNAs Health Care Fraud Report, Vol. 11, No. 7
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Special Report – 10th Anniversary Issue: Health Care Fraud Enforcement Priority for Public, Private Payers in Past 10 Years
March 14, 2007 — BNA's Health Care Fraud Report, Vol. 11, No. 6
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Medicare Drug Benefit, Physician Payment Top Congressional Agenda
January 12, 2007 — BNA's Medicare Report, Vol. 18, No. 02
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State False Claims Acts, Physician Relationships Top 2007 Fraud Issues
January 3, 2007 — BNA's Health Care Fraud Report, Vol. 11, No. 01
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Fraud Abuse: Latest Round of CMS Start Law Rules Highlights Statute's
Greatest Uncertainties
February 23, 2006 — BNA's Health Law Reporter
Firm News & Announcements