FAYETTEVILLE, Ark. — The Rogers psychiatrist and former member of the Arkansas State Medical Board who was arrested on two counts of large-scale Medicaid fraud during his time as the director of Northwest Medical's Behavioral Health unit in Springdale is now also facing over 100 civil lawsuits from former patients.
Over 140 clients represented by Odom Law Firm allege Dr. Brian Hyatt unlawfully coerced, abused, and held patients against their will within the Behavioral Unit to receive more money from Medicare between 2018 and 2022.
One former patient experiencing suicidal thoughts checked into the unit in 2021 after being sexually assaulted, but to their shock, they said that they didn't receive any counseling or medical attention. "It was a very traumatic experience ... Some of the things I saw happen to other patients— you didn't want that to happen to you," the patient said.
"So you kind of just follow the rules and listen to what you're being told to do because they didn't hide what they were doing to other patients."
At Least 100 Lawsuits
Odom Law Firm Attorney Monte Sharits said in March 2024 that a judge ruled to get rid of the statute of limitations for these cases, allowing them to help patients dating back to 2018.
"We have over 140 clients. The remarkable thing about their story is how similar they are to everyone else's story that we've visited. I mean, it's gotten to the point now where we can finish their sentences, these people that we just met for the first time," Sharits said.
Along with the civil lawsuits already filed, Dr. Hyatt has two pending criminal charges of Medicaid fraud.
"These people went and got the help. They were preyed upon for having done that, this is a predatory practice that was in place," Sharits said. "They believed that they could do this to these patients because they'd never be able to advocate for themselves. And if they tried, no one would believe them."
Another former patient, William VanWhy, suffered from depression and anxiety, and in March 2022 he agreed to be voluntarily admitted to the behavioral health unit, but he says he was not allowed to leave.
“I stayed there for about five days under Dr. Hyatt’s care. I have never seen him in my life. I've never met him even though I was under his care,” said VanWhy, whose insurance was reportedly billed for two in-person visits during his stay… totaling tens of thousands of dollars total.
VanWhy’s family had to reportedly hire an attorney and get a court order from a judge for him to be released.
“I asked to leave every day for the last three days and they wouldn’t let me leave,” VanWhy said. “You think of a hospital as somewhere where you heal, and doctors as people that are supposed to help you along the way."
VanWhy says when the deputy came with the court order, the hospital worker came into the unit demanding that he sign a large stack of paperwork while threatening to bill him without going through insurance if he didn’t sign, but VanWhy refused.
“I honestly felt so threatened at that moment, like my life was at stake ... I was extremely scared,” VanWhy recalled. “You go to a hospital to get well. Not get worse. After my stay and treatment there —or lack thereof— I fell into a deeper depression."
Matt Lindsay with the Odom Law Firm claims that many of his clients were chemically restrained, and never got help, "Beyond not getting help, they got much worse, and they are still every day living with the effects of what they went through at that facility."
Lindsay states that the firm has a hearing in August to discuss ways to manage this many cases, and that in his 20 years of practicing law, he's never dealt with any case like this.
Officials with the Northwest Medical Center did not respond when asked for comment, however, the hospital told 5NEWS' content partner Arkansas Business that Hyatt was an independent physician who was independently responsible for patient care and billing.
Private Practice Closure
In May 2023, federal officials confirmed the Drug Enforcement Administration (DEA) had executed a search warrant against Dr. Brian Hyatt's private psychiatric practice, Pinnacle Premier Psychiatry. Six months later, Hyatt announced the closure of his private psychiatric practice.
One former patient of Pinnacle Premier, Tyler Masters, tried calling their front office to get his medical records and a referral for a new provider ahead of that closure, but he said those calls went to voicemail.
"It's concerning to think that a doctor can just lock the doors and lock away medical files without any course of action for the patients," Masters said.
With the voicemail box full and no way to receive his medical records, Masters said he would be forced to wait for the next opening at another practice to get re-diagnosed and receive the medication he needed.
When Masters checked in December 2023, the earliest opening he could find at another practice was May 2024.
Medicaid Fraud Charges
On Monday, Oct. 9, 2023, the arrest warrant for Dr. Brian Hyatt was formally issued— over eight months after the Office of the Medicaid Inspector General (OMIG) sent a letter to Hyatt citing credible allegations of Medicaid fraud, and suspending his Medicaid services.
A probable cause affidavit says that a confidential informant (CI) who worked with Hyatt at the behavioral unit contacted the Medicaid Fraud Control Unit (MFCU) in April 2022.
An investigator with the unit said the CI reported "significant growth in the unit and likewise in the claims and billings submitted to Medicaid, Medicare, and private insurance" since Hyatt started as the unit's director.
The CI said Hyatt was only ever on their floor for a few minutes each day, and that Hyatt had no contact with patients.
There were also reports of Hyatt directing staff to mark out his name on the armbands of patients. "The CI said Dr. Hyatt did not want the patients to know his name," the MFCU's investigator said.
Hyatt was officially charged with two counts of medical fraud and his next court date is August 30.
Past Dr. Hyatt stories:
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