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 Legal Team Serving the McAllen, Texas Area

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 McAllen as well as throughout Texas State.

If you’re under investigation for home health care or hospice fraud in McAllen, Texas or the surrounding areas, call the Oberheiden Law Group, PLLC today. We are a Texas law firm working in health care fraud defense. We have extensive legal experience in OIG and grand jury subpoenas, Medicare and Tricare audits, fraud allegation defense, internal investigations, compliance programs, qui tam defense, protection of assets, criminal defense, and in jury trials. Our Health Care Fraud Defense Team includes lawyers with extensive and impressive backgrounds, including 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 leading education from the best law schools in the United States.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. Dr. Oberheiden provides legal assistance to clients in throughout Texas. Dr. Oberheiden is a health care fraud defense attorney and is the managing partner of the Oberheiden Law Group.

The head of Oberheiden’s Health Care Fraud Defense Team is Mr. Elliott. Mr. Elliott is a former chief coordinator related to federal health care fraud. He is also the former head of the Dallas U.S. Attorney’s Office Medicare Fraud Strike Force. Mr. Elliott tries federal jury cases and has extensive experience handling federal issues in Texas.

Members of our Health Care Fraud Defense Team are accomplished lawyers with former experience in health care auditing and federal health care prosecution. They also have educations from some of the nation’s very best law schools.

Call the Oberheiden Law Group right away if you’re being investigated for home health care or hospice fraud in McAllen, Texas or the surrounding areas. Call now and ask to speak with a member of the Health Care Fraud Defense Team. Initial calls are free and confidential.

McAllen, Texas Is Monitored by the Medicare Fraud Strike Force

McAllen, Texas is monitored directly by the Medicare Fraud Strike Force. It’s only one of nine areas in the nation that is under constant surveillance by this team. The Medicare Fraud Strike Force is a collaboration of federal investigators and prosecutors from various 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 fraud that occur.

Home Health Care and Hospice Fraud in McAllen, Texas

The Oberheiden Law Group provides home health care and hospice fraud defense assistance to hospice facilities, home health care businesses, business owners, and health care providers in McAllen, Texas and the surrounding areas. We can also assist you 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
  • Inaccuracies in billing
  • Overbilling
  • Overuse of medical services
  • Overuse of medical equipment
  • RAC audits
  • ZPIC audits
  • IRS investigations

The Oberheiden Law Group 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 home health care and hospice programs. We are familiar with the requirements of certification, re-certification, determination of clinical status, respite care requirements, medical necessity, conditions of coverage, and plan of care requirements.

If you’re being investigated for home health care or hospice fraud, call us now to learn about your legal options.

What Are the Penalties of Home Health Care and Hospice Fraud?

If you’re being investigated for home health care or hospice fraud in McAllen, Texas, you can be held criminally or civilly liable. Both types of liability have harsh penalties. Civil penalties may include requests for repayment, non-payment of future claims, civil fines up to $11,000 per false claim, future exclusion from federal health care programs, assignment of treble damages, and attorney fees. Criminal punishments may include expensive fines, a criminal record, 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

If you’re found guilty of incorrectly prescribing medications, improper supervision of others, or providing false certification, you may be excluded from all federal health care programs, prohibited from receiving reimbursement, or have your professional license suspended or revoked.

Choosing the Right McAllen, Texas Defense Lawyer

You must choose the right McAllen, Texas defense lawyer if you’re being investigated for home health care or hospice fraud. This allegation can permanently damage your business and professional reputation. Choosing the right defense lawyer means that you get the best possible defense and legal advocate to address the federal government, the media, and the public.

The right McAllen, Texas defense lawyer will:

  1. Be familiar with the rules and regulations associated with home health care and hospice care. You simply will not have the time to explain billing, coding, or certification rules to an attorney who doesn’t handle this sort of case on a regular basis.
  2. Have a track record of successfully resolving health care audit and fraud investigations. They will have a proven track record of negotiating complex health care fraud cases with OIG, HHS, IRS, and DOJ.
  3. Be an excellent litigator and have trial experience. Federal prosecutors will know whether your lawyer is any good. Ask all potential lawyers how many Medicare fraud cases they’ve handled that resulted in no civil or criminal liabilities for their clients.

The Use of Established Home Health Care and Hospice Fraud Defenses

The attorneys of the Oberheiden Law Group have handled hundreds of cases and trials. Several of the members on our Health Care Fraud Defense Team are experienced in health care auditing and are former federal health care fraud investigators and prosecutors with the DOJ. This dual experience has enabled us to develop and implement established defense strategies for our clients.

Immediately contacting federal prosecutors. If you’re being investigated for home health care or hospice fraud in McAllen, Texas, don’t wait to act. The Oberheiden Law Group makes immediate contact with federal prosecutors on behalf of our clients. This reduces the amount of time that federal investigators have to build their case against you. Usually, we can get answers to the most important questions within hours of being engaged:

  • 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 those questions helps us prepare the proper defenses for your case.

Showing our clients did not have criminal intent. Most home health care and hospice fraud investigations in McAllen, Texas occur because a business or a person makes a mistake. The most common mistakes include the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. This happens a lot when home health care and hospice businesses grow fast. Our court system acknowledges that mistakes happen. This is why the federal government must meet a high standard known as beyond a reasonable doubt to show that you acted with criminal intent. The Oberheiden Law Group examines the evidence in each case to determine whether or not that standard can be met.

Appropriate use of certifications. Many home health care and hospice fraud investigations in McAllen, Texas allege that business owners and health care providers incorrectly certified or re-certified medical necessity. The Oberheiden Law Group knows that this allegation is hard to prove. In addition to relying on industry authorities, we have practical trial experience to explain certification exceptions and delegation rules to a judge or jury. The exceptions are often left out of the complaint filed by the federal government.

Defending your professional reputation. Our clients are rightfully concerned about their professional reputation because of these allegations. The media produces biased reports that can cause your business to suffer. Our lawyers routinely 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), McAllen and Texas 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 McAllen, Texas

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 behalf of the United States at the U.S. Attorney’s Office in Dallas, Texas. 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 McAllen, Texas 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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