Kyle Brierly

Kyle Brierly is Counsel at Athene Law and represents a wide variety of healthcare providers including hospitals, clinics, and physician and dental practices.  Kyle draws upon his rich experience as an attorney within the U.S. Department of Health and Human Services (HHS) to assist providers in matters related to government reimbursement and regulatory compliance.  He was recently honored as a recipient of the 2023 Emerging Young Lawyer in Healthcare award by the American Bar Association.  

 

Kyle has extensive expertise in federal and state administrative appeals.  He previously served as a Lead Attorney-Advisor at the HHS Departmental Appeals Board (DAB), where he advised the Agency’s judges in the adjudication of disputes involving the Medicare and Medicaid programs.  He has litigated on behalf of providers before an array of administrative tribunals, including challenges to adverse agency determinations involving Medicare cost reports before the HHS Provider Reimbursement Review Board (PRRB), Medi-Cal cost reports before California’s Office of Administrative Hearings and Appeals (OAHA), and CMS enforcement actions before the DAB.  

 

Kyle is Certified in Healthcare Compliance and advises clients in the following regulatory areas: 

 

• Medicare and Medicaid: Helps clients navigate state and federal post-payment reviews, internal audits, and the report and return process.  Provides guidance on matters related to Medicare Advantage and Medi-Cal Managed Care.

• Pharmacies and 340B: Provides compliance guidance and audit support.  Frequently writes articles about the 340B program for the Athene Law Blog.

• Healthcare operations: Helps hospitals and physician offices comply with state and federal requirements, with particular expertise in midlevel supervision issues.

• Fraud and abuse: Provides guidance to providers related to the False Claims Act, Anti-Kickback Statute, Civil Money Penalties Statute, and Stark law.

• Privacy: Advises on matters related to HIPAA and Business Associate Agreements.

 

Kyle also advises on matters relating to Medicaid financing and maximizing federal financial participation to increase providers’ Medicaid reimbursement.  He has drafted complex Medicaid legislation and assisted providers in understanding the state plan amendment and waiver processes.​