We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Legal Defense for Hospice Fraud in the New Orleans Area

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, and former lead prosecutors of the elite Medicare Fraud Strike Force. Our attorneys serve clients in New Orleans as well as throughout Louisiana State.

If you’re being investigated for health care or hospice fraud in New Orleans, Louisiana or the surrounding areas, you should call Oberheiden & McMurrey, LLP right away. We have experience in 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, and elite former lead prosecutors of the Medicare Fraud Strike Force.

Call Oberheiden & McMurrey, LLP right away if you’re under investigation for home health care or hospice fraud in New Orleans, Louisiana or the surrounding areas. Ask to speak with a member of our Health Care Fraud Defense Team. The call is free and confidential.

New Orleans Is Directly Monitored for Fraud

New Orleans, Louisiana is directly monitored by the Medicare Fraud Strike Force. It is actually only one of nine areas in the nation that is consistently monitored by this team. 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 representatives from other federal agencies. Their job is to monitor, investigate, and ultimately prosecute the various types of health care fraud.

Home Health Care and Hospice Fraud in New Orleans

Oberheiden & McMurrey, LLP provides legal advocacy for hospice facilities, home health care agencies, business owners, and medical professionals in New Orleans, Louisiana and the surrounding areas. We can also help 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
  • Billing inaccuracies
  • Overbilling
  • Overuse of services
  • Overuse of equipment
  • RAC audits
  • ZPIC audits
  • IRS investigations

Oberheiden & McMurrey, LLP 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 Health Care Fraud Defense Team understand the requirements of certification, re-certification, clinical status determinations, respite care, homebound evaluations, medical necessity, conditions of coverage, and plan of care requirements.

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

If you’re being investigated for home health care or hospice fraud in New Orleans, Louisiana, you may face charges in civil or criminal court. Civil penalties may 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 are charged with and found guilty of incorrectly prescribing medications, improperly supervising others, or of false certification, you could be excluded from all federal health care programs, prohibited from future reimbursement by federal health care programs, and you may have your professional license suspended or revoked.

Three Characteristics of the Right New Orleans Defense Attorney

It is important that you choose the right New Orleans defense attorney if you’re facing home health care or hospice fraud allegations. This allegation can damage your reputation and your business. The right defense attorney can defend you against the federal government, the media, and the public.

The right New Orleans defense attorney will have the following three characteristics:

  1. Familiarity with the rules and regulations related to home health care and hospice care. You simply do not have the luxury of taking the time to explain billing, coding, and certification rules to an attorney without this experience.
  2. A track record of successfully resolving health care audit and fraud investigations. Look for a New Orleans defense lawyer with a proven track record of negotiating complex health care fraud cases involving the OIG, HHS, IRS, and DOJ.
  3. Excellent litigation skills and trial experience. Federal prosecutors will know whether or not you have a good defense attorney. Ask every potential candidate how many health care fraud trials they’ve handled during their career. Ask them how many Medicare fraud cases they’ve handled that resulted in no civil and no criminal liabilities for their clients.

Defense Strategies for Home Health Care and Hospice Fraud

Oberheiden & McMurrey, LLP has thousands of cases and trials in court. Several of our lawyers have previous experience in health care auditing and have experience as former federal health care fraud investigators and prosecutors with the DOJ. This experience has led us to develop defense strategies that can be used with all of our clients.

Immediate contact with the federal government. If you’re being investigated for home health care or hospice fraud in New Orleans or the surrounding areas, you should not wait. Call us right away. Once we are retained, we immediately contact the federal government to begin to advocate for you. This minimizes the time that the federal government has to build their case against you. We can get answers to 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?

Answers to those important questions will help us choose the right defenses for your case.

Showing that our clients made a mistake and did not commit a crime. Most home health care and hospice fraud investigations in New Orleans happen because of human or business error and not because someone made the decision to commit fraud. The most common errors include 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 use of certifications. Several home health care and hospice fraud investigations in New Orleans include allegations that the business owner and health care provider incorrectly certified or re-certified medical necessity. Oberheiden & McMurrey, LLP 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 authorities, 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.

Protecting your reputation as a professional. Many of our clients are rightfully concerned about their reputation. Oberheiden & McMurrey, LLP understands. If the media spreads rumors or airs a biased report, our lawyers will get involved. We regularly 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), 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 New Orleans

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 New Orleans, 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. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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