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Oberheiden Attorneys

Home Health Care and Hospice Fraud Defense Attorneys Serving the Midland and Odessa Areas

The Oberheiden & McMurrey, LLP 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 schools such as Harvard Law School and Yale Law School. Our attorneys serve clients in Midland/Odessa as well as throughout Texas State.

If you’re being investigated for home health care or hospice fraud in the Midland-Odessa, Texas area, call Oberheiden & McMurrey, LLP now. 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, and elite former lead prosecutors of the Medicare Fraud Strike Force.

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

Members of our Health Care Fraud Defense Team are accomplished lawyers with former experience in health care auditing and federal health care prosecution.

Call Oberheiden & McMurrey, LLP immediately if you’re being investigated for home health care or hospice fraud in Midland-Odessa, Texas or the surrounding area. Ask to speak with a member of the Health Care Fraud Defense Team. Initial calls are free and confidential.

Midland-Odessa Is Watched by the Medicare Fraud Strike Team

Midland-Odessa, Texas is watched by the Medicare Fraud Strike Team. In fact, it’s one of nine areas in the nation that is directly monitored. The Medicare Fraud Strike Team is a collaboration of investigators and prosecutors from multiple 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 Midland-Odessa, Texas

Oberheiden & McMurrey, LLP provides defense services to hospice facilities, home health care businesses, business owners, and health care professions in Midland-Odessa, Texas and the surrounding areas. We provide assistance 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

Oberheiden & McMurrey, LLP works 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, homebound evaluations, medical necessity, conditions of coverage, and plan of care requirements.

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

Health care providers and entities of any sort that are investigated for home health care or hospice fraud may face civil or criminal liabilities and the associated 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, or of providing false certification, you may be excluded from all federal health care programs, prohibited from reimbursement, and you may have your professional license suspended or revoked.

The Importance of Choosing the Right Midland-Odessa, Texas Defense Lawyer

As you’ve learned, the penalties for home health care and hospice fraud are extremely grave. It is imperative that you choose the right defense lawyer in Midland-Odessa, Texas. This type of allegation can damage your professional reputation and your business. Choosing the right lawyer means having the best possible defense and legal advocate with the federal government, the media, or even the public.

The right Midland-Odessa defense lawyers will demonstrate the following:

  1. They are familiar with the rules and regulations associated with home health care and hospice care. You won’t have to explain billing, coding, or certification rules to them.
  2. They have a track record of successfully resolving health care audit and fraud investigations. They have a proven track record of negotiating complex health care fraud cases with OIG, HHS, IRS, and DOJ.
  3. They have excellent litigation skills and they have trial experience. Federal prosecutors will know whether or not your lawyer is any good. Ask every candidate how many Medicare fraud cases they’ve handled that resulted in no civil and no criminal liabilities for their clients.

Established Home Health Care and Hospice Fraud Defense Strategies

Oberheiden & McMurrey, LLP has experience with hundreds of trials and criminal cases in court. Many of the attorneys on our Health Care Fraud Defense Team have experience in health care auditing and as federal health care fraud investigators and prosecutors with the Department of Justice. This unique dual experience has enabled us to develop proven defense strategies for our clients.

Immediate contact with federal investigators. If you’re being investigated for home health care or hospice fraud in Midland-Odessa, you must not wait to act. Oberheiden & McMurrey, LLP immediately reaches out to federal investigators on behalf of our clients. This reduces the amount of time that the federal government has to build its case against you. We work to get answers to the most important questions:

  • 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.

We work to prove our clients didn’t have criminal intent. Most home health care and hospice fraud investigations in Midland-Odessa, Texas occur because of a business mistake or human error. The most common errors 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. The justice system acknowledges that mistakes may be made. The Constitution creates a high burden of proof that the government must meet to show that you acted with criminal intent. Oberheiden & McMurrey, LLP looks at the evidence in each case to determine whether it can meet that burden.

Showing appropriate use of certifications. Many home health care and hospice fraud cases in Midland-Odessa and the surrounding area claim that the business owners and health care providers incorrectly certified or re-certified medical necessity. Oberheiden & McMurrey, LLP 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.

Protecting your reputation. Oberheiden & McMurrey, LLP is committed to helping you outside of the courtroom, as well. Our clients are rightfully concerned with their reputation and how the public may look at them because of this allegation. The media often starts rumors by producing biased reports. Our attorneys routinely address slander and look for opportunities to correct misinformation about our clients and to educate the public.

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), 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 Midland-Odessa

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 & McMurrey, LLP
Serving Midland / Odessa, 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. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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