We are a team of
former federal prosecutors


Most of our cases have ended in
No Criminal Charges

Meet the Team
Oberheiden Attorneys

Home Health Care and Hospice Fraud Defense for the Baton Rouge, Louisiana Area

9655 Perkins Rd, Suite C-203
Baton Rouge, LA 70810
225-308-2440
(Meeting location by appointment only)

The Oberheiden Law Group is a health care law defense firm with significant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Among our attorneys are the former Chief Health Care Fraud Coordinator at the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors of the elite Medicare Fraud Strike Force, and other talented attorneys with years of relevant experience and education from the country’s best schools such as Harvard Law School and Yale Law School. Our attorneys serve clients in Baton Rouge as well as throughout Louisiana State.

If you’re being investigated for health care or hospice fraud in Baton Rouge, Louisiana or the surrounding areas, call the Oberheiden Law Group, PLLC now. We have the legal experience that you need for health care fraud defense, Medicare and Tricare audits, protection of assets, compliance programs, jury trials, fraud allegation defense, qui tam defense, OIG and grand jury subpoenas, criminal defense, and internal investigations. Oberheiden’s Health Care Fraud Defense Team includes a former Chief Health Care Fraud Coordinator for the U.S. Attorney’s Office, several former health care fraud prosecutors, elite former lead prosecutors of the Medicare Fraud Strike Force, and accomplished lawyers with education from the nation’s best schools of law, including Yale and Harvard.

Pick up the phone and call the Oberheiden Law Group now if you’re under investigation for home health care or hospice fraud in Baton Rouge, Louisiana or the surrounding area. Ask to speak with a member of our Health Care Fraud Defense Team. Your initial call is free and confidential.

Baton Rouge Is Closely Watched by the Medicare Fraud Strike Force

Baton Rouge, Louisiana is closely watched by the Medicare Fraud Strike Force. In fact, Baton Rouge is one of nine areas in the nation that is directly monitored by this team. The Medicare Fraud Strike Force is a combined federal investigative team made up of prosecutors and investigators from several federal agencies, including the Department of Justice, Department of Health and Human Services, the Office of Inspector General, the FBI, the IRS, and may also include representatives from other federal agencies. Their job is to monitor, investigate, and ultimately prosecute instances of health care fraud.

Home Health Care and Hospice Fraud in Baton Rouge

The Oberheiden Law Group provides legal representation of hospice facilities, home health care agencies, business owners, and medical professionals in Baton Rouge and the surrounding areas. We also assist with corporate compliance, internal investigations, Medicare audits, recoupment requests and questions, and civil or criminal government investigations. We also have extensive experience handling:

  • OIG subpoenas
  • Grand jury subpoenas
  • Medicare fraud
  • Medicaid fraud
  • Violations of the Anti-Kickback Statute
  • Violations of the False Claims Act
  • Qui tam defense
  • Violations of Stark Law (Self-Referral Law)
  • HIPAA compliance
  • DEA investigations
  • Certifications involving medical necessity
  • Billing inaccuracies
  • Overbilling
  • Overuse of services
  • Overuse of equipment
  • RAC audits
  • ZPIC audits
  • IRS investigations

The Oberheiden Law Group also partners with the National Association for Home Care & Hospice (NAHC), the National Hospice and Palliative Care Organization (NHPCO), the National Center for Assisted Living (NCAL), and other related programs. Our attorneys are deeply familiar with the requirements of certification, re-certification, clinical status determinations, respite care, homebound evaluations, medical necessity, conditions of coverage, and plan of care requirements.

Civil and Criminal Penalties for Home Health Care and Hospice Fraud

If you’re under investigation for home health care of hospice fraud, you may be charged in civil court or criminal court. You may be subject to both civil and criminal penalties. Civil penalties can include civil fines up to $11,000 per false claim, recoupment requests, non-payment of future claims, future exclusion from federal health care programs, treble damages, and attorney fees. Criminal punishments may include expensive criminal fines, a criminal record, or prison time consisting of:

  • Up to 10 years for each count of fraud
  • Up to 20 years if the fraud resulted in serious bodily injury to the patient
  • Life in prison if the fraud resulted in the death of a patient

If you’re found guilty of incorrectly prescribing medications, improper supervision of others, or false certification, you may be excluded from all federal health care programs, prohibited from being reimbursed by federal health care programs, and you may be called before the disciplinary board where your professional license may be suspended or revoked.

What You Need to Know about Choosing the Right Defense Lawyer

You must choose the right Baton Rouge defense attorney when you’re facing home health care or hospice fraud allegations. This type of allegation can damage your business and your reputation. The proper defense attorney can defend and advocate for you with the federal government, the media, or the public.

The right Baton Rouge defense attorney will have the following characteristics:

  1. The defense attorney will have familiarity with the rules and regulations related to home health care and hospice care. When you’re defending yourself against the federal government’s allegations, you will not have time to explain billing, coding, and certification rules.
  2. The defense attorney will have a track record of successfully resolving health care audit and fraud investigations. Look for a Baton Rouge defense lawyer with a proven track record of negotiating complex health care fraud cases involving the OIG, HHS, IRS, and DOJ.
  3. The defense attorney needs excellent litigation skills and trial experience. Federal prosecutors will know whether or not you have a good attorney. Ask all potential candidates how many health care fraud trials they’ve handled throughout their career.

You must ask the following question:

How many Medicare fraud cases have you handled that resulted in no civil and no criminal liabilities for your client?

Imperative Defense Strategies for Home Health Care and Hospice Fraud

The attorneys of the Oberheiden Law Group has been involved in more than hundreds of trials and cases in court. Many of our attorneys have previous experience in health care auditing and as former federal health care fraud investigators and prosecutors with the Department of Justice. This unique experience has elevated us to renowned attorneys in home health care and hospice fraud allegations. We implement imperative defense strategies for our clients immediately after we’re retained.

Contacting the federal government immediately. If you’re being investigated for home health care or hospice fraud in Baton Rouge or the surrounding area, you must not wait to act. The Oberheiden Law Group contacts the federal government immediately after we are retained to begin to advocate for our clients. This minimizes the time that the federal government has to build their case against you. We get answers to some of the most important questions usually within hours:

  • What triggered the investigation?
  • Is it a civil or criminal matter?
  • Are you facing prison time?
  • What can be done to resolve the matter?

Getting the answers to these questions helps us prepare the right defense for you.

Showing that our clients made a mistake. Most home health care and hospice fraud investigations that occur in Baton Rouge are triggered by human or business error and not because someone wanted to commit fraud. The most common errors that cause an investigation are the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. Often, these mistakes happen when home health care and hospice clients quickly grow. Thankfully, the court system acknowledges that mistakes may happen. There is a high burden of proof on the federal government to show that you acted with criminal intent. We test the evidence in each case to determine whether it meets this high burden of proof.

Appropriate certifications. Many home health care and hospice fraud investigations in Baton Rouge, Louisiana and the surrounding areas allege that business owners and providers incorrectly certified or re-certified medical necessity. The Oberheiden Law Group knows that it may be an easy accusation, but it is a hard one for the federal government to prove. In addition to the use of industry team members, we have practical trial experience necessary to explain certification exceptions and delegation rules to a judge or jury during a trial. Exceptions do exist, but the federal government will often not include those exceptions in their complaints and arguments.

Media intervention. The Oberheiden Law Group is committed to clients in and out of court. Understandably, our Baton Rouge clients are worried about how they will be viewed by the community with these allegations hanging over them. The Media spreads rumors and gives biased reports that can hurt your image. Our attorneys address slander and look for opportunities to correct misinformation about our clients.

Our Track Record

Our clients range from individual providers to entire health care systems. We represent clients in Detroit who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), Baton Rouge and Louisiana, or the Internal Revenue Service (IRS).

  • Defense of Health Care Service Business Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Justice and the FBI for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Justice and the FBI for Medicare Fraud and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Defense and the FBI for Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Defense and the OIG for Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Physician Syndication Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud and Stark Law.
    Result: No civil or criminal liability.
  • Defense of Physician Investigated by the Department of Health and Human Services and the Office of Inspector General for Medicare Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Defense of Physician Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Office of Inspector General for Medicare Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Defense of Health Care Organization Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Marketing Group Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud, Stark Law Violations, and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Service Business Investigated by the Department of Health and Human Services and the Office of Inspector General for Medicare and Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care Conglomerate Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.

Home Health Care and Hospice Fraud Defense Lawyers Serving Baton Rouge, Louisiana

Nick OberheidenNick Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

225-308-2440
Including Weekends
Oberheiden Law Group, PLLC
Serving Baton Rouge, Louisiana and Surrounding Areas
www.federal-lawyer.com
This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. The Oberheiden Law Group PLLC is a Texas PLLC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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