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 Legal Defense Team Serving all of  California

The Oberheiden Law Group is a health care law firm with substantial experience in many areas of business and law, including regulatory compliance, corporate structuring, litigation, civil government investigations, criminal government investigations, and in criminal defense. Members of our Health Care Fraud Defense Team include a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors from the elite Medicare Fraud Strike Force, and talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard. Our attorneys serve clients in the State of California and surrounding areas.

Call the Oberheiden Law Group, PLLC now and ask to speak with a member of our Health Care Fraud Defense Team if you’re being investigated for home health care or hospice fraud. The call is free and confidential.

California Is Constantly Watched by the Government

California is constantly watched by the federal government’s coordinated Medicare Fraud Strike Force. It is one of nine areas in the nation that undergoes this constant monitoring. The Medicare Fraud Strike Force includes members of several federal agencies, including the Department of Justice, Department of Health and Human Services, the Office of Inspector General, the FBI, and the IRS. However, other federal agencies can be involved. The job of the team is to monitor, investigate, and prosecute the different types of health care fraud, including home health care and hospice fraud.

Home Health Care and Hospice Fraud Investigations in California

The Oberheiden Law Group represents hospice facilities, home health care agencies, business executives, business owners, and health care providers in California. We also have much experience in matters related to corporate compliance, internal investigations, Medicare audits, recoupment questions and requests, and both civil and criminal government investigations. We can also help if you’re facing:

  • 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

Our law firm 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. We understand the requirements related to certification and re-certification, determinations of clinical status, respite care requirements, homebound evaluations, medical necessity certification, and plan of care requirements.

The Civil and Criminal Penalties of Home Health Care and Hospice Fraud

Home health care and hospice fraud investigations are grave matters, and you can be charged in civil or criminal court. Civil penalties may include fines of up to $11,000 per false claim, recoupment of those claims, exclusion from federal health care programs, non-payment of claims, assignment of treble damages, and you may be required to pay attorney fees on behalf of the federal government.

Criminal penalties may include criminal fines in the hundreds and thousands of dollars, a criminal indictment, and a federal prison sentence 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,
  • A life sentence if the fraud resulted in the death of a patient.

You could lose your professional license, be excluded from federal health care programs, and be prohibited from receiving reimbursements for your claims if you are found guilty of incorrectly prescribing medications, improper supervision, or for providing false certifications for medical necessity.

Key Characteristics of the Right California Defense Lawyer

Home health care or hospice fraud investigations that occur in California require you to choose the right defense lawyer. This allegation can do more than devastate your career. It can also lead to jail time. Choosing the right California defense lawyer increases your chance to defend yourself and your business against the federal government. As you research defense attorneys in California, look for the following key characteristics:

  1. Demonstrated familiarity of the rules and regulations related to home health care and hospice care. This is important because you’re not going to have the time to explain billing, coding, and certification rules to a lawyer who doesn’t have this knowledge.
  2. A successful track record of resolving health care audits and health care fraud investigations. Additionally, they should have a proven track record of successfully negotiating complex health care fraud cases involving various federal agencies, such as the OIG, DOJ, HHS, and IRS.
  3. Experienced litigators and trial lawyers. Federal prosecutors will know if your defense lawyer is any good. Ask each potential lawyer how many health care fraud trials they’ve managed that resulted in no civil or criminal liabilities for their clients.

Vital Home Health Care and Hospice Fraud Defenses

The Oberheiden Law Group has provided legal defense in hundreds of home health care and hospice fraud cases. Our attorneys are experienced in health care auditing and have former experience as federal health care fraud investigators and prosecutors. This has enabled us to develop key home health care and hospice fraud defenses for our California clients.

Contact with federal prosecutors. Those under investigation for home health care or hospice fraud should not wait to contact and retain an attorney. The sooner you have a legal advocate on your side, the sooner he or she can begin to work for you and minimize your risk of facing criminal charges. Once retained, we immediately contact federal prosecutors on your behalf. We can usually get answers to some of the most important questions related to your case within just a few hours:

  • Why was the investigation started?
  • Is the investigation a civil or criminal matter?
  • Are you facing federal prison time?
  • What can be done to resolve the matter?

Showing there was no criminal intent. Many California home health care and hospice fraud investigations start because a person made a mistake or because a quickly growing business makes the wrong decision. The most common issues that cause these investigations are the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. Thankfully, our court system acknowledges that sometimes good people make mistakes. These mistakes should be corrected; but, they should not lead you to facing criminal punishments. This is why the federal government has an incredibly high burden of proof to meet to show that you committed a crime and acted with the intent to commit a crime. Our objective is to show that our clients made a mistake and did not commit a crime.

Proper use of certifications. A common allegation made in California home health care and hospice fraud investigations is that the business owner or the health care provider did not properly certify or re-certify medical necessity. The Oberheiden Law Group uses known legal exceptions and delegations to certifications and re-certification rules to prove that your actions were appropriate. The federal government is aware of these exceptions, but it often will not bring them up in its complaint or in its arguments. The Oberheiden Law Group uses industry authorities and our trial experience to provide explanation to a judge or jury about the legal exceptions and delegation rules.

Working to defense your reputation. The Oberheiden Law Group understands how this allegation can destroy your professional reputation. If the media releases a biased report, our attorneys step up. We address slander and will also look to correct misinformation. We work to protect your professional reputation.

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), California law enforcement, 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 California

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.

800-810-0259
Including Weekends
Oberheiden Law Group, PLLC
Serving the State of California 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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