We are a team of
former federal prosecutors


Most of our cases have ended in
No Criminal Charges

Meet the Team
Oberheiden Attorneys

Legal Defense for Home Health Care and Hospice Fraud Charges in Florida

The Oberheiden Law Group is a health care law firm with experience in regulatory compliance, corporate structuring, litigation, criminal government investigations, civil 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 lead prosecutors from the Medicare Fraud Strike Force, former senior Department of Justice trial attorneys, and talented attorneys with years of experience and with education from the nation’s best law schools, including Harvard and Yale. Our attorneys serve clients in Florida and surrounding areas.

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

Florida Is Closely Monitored by the Federal Government

Florida is always closely monitored by the federal government’s Medicare Fraud Strike Force. It is one of nine areas in the nation that have this constant level of surveillance. The Medicare Fraud Strike Force is a team of federal investigators and prosecutors from multiple 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 members of other federal agencies. The job of this team is to look for, investigate, and prosecute instances of health care fraud, including home health care and hospice fraud.

Home Health Care and Hospice Fraud in Florida

The Oberheiden Law Group provides legal defenses for Florida area health care providers, hospice facilities, business owners, and home health care agencies. We have experience in corporate compliance, internal investigations, Medicare audits, recoupment questions and requests, and both civil government investigations, and criminal government investigations. We also have experience in:

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

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

Civil and Criminal Penalties of Home Health Care and Hospice Fraud in the State of Florida

Home health care and hospice fraud investigations are serious. You could be charged in civil or criminal court. Civil penalties can include civil fines of up to $11,000 per false claim, recoupment of claims, future exclusion from federal health care programs, non-payment of your claims, being assessed with treble damages, and attorney fees.

Criminal penalties can include criminal fines in the hundreds of thousands of dollars, a criminal indictment, and prison time 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.

It’s important to know that if you’re found guilty of incorrectly prescribing medications, improper supervision, or of completing false certifications, you could be excluded from all federal health care programs, prohibited from reimbursement, and you could lose your professional license.

The Traits of the Right Defense Lawyer in Florida

If you’re being investigated for home health care or hospice fraud in the State of Florida, you must hire the right defense lawyer to help you. This type of allegation can ruin your business. Choosing the right Florida defense attorney can increase your chance to defend against these allegations. As you consider your options, watch for the following traits:

  1. A successful track record of resolving health care audits and 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.
  2. 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.
  3. 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.

Home Health Care and Hospice Fraud Defenses for Florida Clients

The Oberheiden Law Group has experience with home health care and hospice fraud investigations. Our attorneys have experience in health care auditing and as former federal health care fraud investigators and prosecutors. We use a set of established defenses for home health care and hospice fraud clients in Florida.

Immediate contact with federal prosecutors on your behalf. When you’re being investigated for home health care or hospice fraud, you should not wait to secure legal representation. The longer the federal government has to investigate you without an interruption, the bigger chance you’re taking with criminal charges. Once we are retained, we will contact federal prosecutors immediately to get answers to the important questions. Usually, we can get the answers to those questions within just a few hours:

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

Proving that our clients made a mistake. Most investigations in Florida begin because of a mistake that is made either by an individual or because of a poor business decision. Few people set out to actually commit fraud of this type. The most common errors that we’ve noticed include the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. The court system acknowledges that sometimes good people make mistakes. They should not lead you to facing criminal punishments as long as you take the necessary steps to correct them. 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 criminal intent. We review the evidence presented by the federal government to determine if it meets the high standard. Our priority is to prove that our clients made a mistake and did not act with criminal intent.

Showing that certifications were appropriately used. Most Florida investigations include an allegation that the owner of the business or the health care provider did not correctly 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.

Protecting your professional image. A common concern of any home health care or hospice business, and of health care professionals, is their professional image. They worry about how the public may view them because of this allegation. The Oberheiden Law Group is committed to defending you both inside and outside of the courtroom. Sometimes, the media can present a biased or slanderous report. We address the issue and look for ways to correct the misinformation. Our objective is 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), Florida 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 Florida

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 Florida 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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