Overview
Brian Stimson is the former Acting General Counsel and Principal Deputy General Counsel (second-ranking lawyer) for the US Department of Health and Human Services (HHS) in Washington, DC. He represents health clients in litigations, arbitrations and government investigations nationwide. As part of his practice, Brian counsels clients on how to navigate disputes that present overlapping legal, regulatory, public policy and business considerations. His collaborative and pragmatic approach draws on his work as a high-level HHS official and a litigator.
From 2017 through 2020, Brian was the principal in-house litigation counsel for HHS and oversaw the defense of Administrative Procedure Act (APA) litigation against all HHS divisions, including the Centers for Medicare & Medicaid Services (CMS). Brian also co-chaired the Health Care Fraud Working Group of the Presidential Task Force on Market Integrity and Consumer Fraud, served as a liaison to the Office of Counsel to the Inspector General (OCIG), partnered with the US Department of Justice (DOJ) on False Claims Act (FCA) enforcement policy, and was the principal in-house counsel for administrative enforcement actions by the HHS Office for Civil Rights (OCR) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In 2020, Brian was heavily involved in the government-wide response to the COVID-19 pandemic and advised HHS and its divisions on myriad issues, including the Provider Relief Fund (PRF).
Over the past two decades, Brian has also represented health clients in litigations, arbitrations, and government investigations that implicated the FCA, the Medicare and Medicaid programs, the Affordable Care Act (ACA), the Public Health Service Act (PHSA), the Employee Retirement and Income Security Act of 1974 (ERISA), the Federal Arbitration Act (FAA), and the Class Action Fairness Act of 2005 (CAFA).
Brian’s unique experience enables him to deliver practical advice and value to health clients facing disputes with regulators, enforcers, or private litigants.
Results
- Prevailed in administrative appeal before CMS and obtained reversal of denial of Medicare Part D Application for Medicare Advantage Organization.
- Represented state hospital association in litigation challenging regulatory limit on commercial reimbursement rates, which resolved after the state legislature provided relief to hospitals through a statutory amendment.
- Provided strategic counsel to healthcare organizations and trade associations on numerous HHS rulemakings and prepared formal comment letters to HHS.
- Conducted internal compliance and quality reviews for healthcare organizations and recommended operational changes to executives and Board members.
- Defended health plan in multi-district class action litigation filed by plan members seeking hundreds of millions of dollars in damages based on alleged denials of coverage for Hepatitis C drugs. *
- Obtained summary judgment in declined qui tam action seeking several hundred million dollars in damages for alleged criminal violations of the Anti-Kickback Statute. United States ex rel. McDonough v. Symphony Diagnostic Services, Inc., 36 F.Supp.3d 773 (S.D. Ohio 2014).*
*Matter handled prior to joining McDermott
Recognitions
- The Legal 500 US, 2022
- Superior Service Medal (2020), awarded by the Assistant Secretary for Preparedness and Response (ASPR) of the US Department of Health and Human Services (HHS), for contributions during public health crises
Community
- American Health Lawyers Association, Member (2021); former Vice Chair, Payers Plans and Managed Care Practice Group (2007 – 2017)
- State Bar of Georgia, Health Law Section, Member (2021); former Executive Committee Member (2012 – 2018)
- Federalist Society, Member
Credentials
Education
University of Georgia School of Law, JD, cum laude, 2002
Vanderbilt University, BA, 1997
Admissions
District of Columbia
Georgia
Courts/Agencies
District of Columbia Court of Appeals
Court of Appeals of Georgia
Supreme Court of Georgia
US District Court for the Middle District of Georgia
US District Court for the Northern District of Georgia
