Brenna Jenny
USA Guide 2023
Up and Coming : Healthcare
Up and Coming
About
Provided by Brenna Jenny
Practice Areas
BRENNA JENNY leverages her experience in senior roles both within the U.S. Department of Health and Human Services (HHS) and the Department of Justice (DOJ) Civil Division to represent clients in the healthcare industry in government enforcement actions, internal investigations, and compliance reviews.
Brenna previously served as the Principal Deputy General Counsel at HHS and the Chief Legal Officer for the Centers for Medicare & Medicaid Services (CMS). In that role, Brenna supervised an unprecedented wave of regulatory flexibilities during the COVID-19 pandemic, including waivers related to telehealth services. She also served as the principal legal adviser to the $178 billion CARES Act Provider Relief Fund and led HHS’s coordination with DOJ and the HHS Office of Inspector General (HHS-OIG) on civil and criminal enforcement of fraud relating to the Provider Relief Fund. Brenna was deeply involved in HHS’s regulatory reform efforts, including the changes finalized in 2020 to the Stark Law and the Anti-Kickback Statute regulations, the development and implementation of the HHS Good Guidance Practices regulation and the Transparency and Fairness in Civil Administrative Enforcement Actions regulation, and the Department’s work to come into compliance with notice-and-comment obligations under the Social Security Act, as interpreted by the Supreme Court in Azar v. Allina Health Services, 139 S. Ct. 1804 (2019).
Brenna represents clients in litigation matters adverse to federal and state governments, including under the federal False Claims Act, the Administrative Procedure Act, the Controlled Substances Act, and state fraud and abuse laws. Brenna advises healthcare providers on compliance with, and litigation strategy relating to, the federal surprise medical billing law, the No Surprises Act.