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 Charges Defense for the Portland Area

The Oberheiden Law Group is a health care law firm possessing significant experience in regulatory compliance, corporate structuring, litigation, civil and criminal government investigations, and criminal defense. Our team includes 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 routinely serve clients in Portland, Oregon and the surrounding areas.

Call the Oberheiden Law Group, PLLC immediately if you’re being investigated for home health care or hospice fraud in Portland, Oregon or the surrounding areas. Ask to speak with a member of our Health Care Fraud Defense Team. Initial consultations are free and confidential.

Portland, Oregon Is Closely Scrutinized by Medicare Fraud Strike Force

Portland, Oregon is closely scrutinized by the Medicare Fraud Strike Force. It is one of nine areas in the nation that receives consistent oversight by this team. The Medicare Fraud Strike Force is a team of federal investigators and prosecutors from multiple federal agencies, such as 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. The job of this collaborated body is to watch for, investigate, and prosecute the various types of health care fraud.

Home Health Care and Hospice Fraud in Portland, Oregon

The Oberheiden Law Group serves Portland, Oregon hospice facilities, home health care agencies, business owners, and medical professionals. We are also well-experienced with corporate compliance, internal investigations, Medicare audits, recoupment requests and questions, and civil and criminal government investigations. We are also experienced in 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

The Oberheiden Law Group works alongside of 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. The Oberheiden Law Group’s Health Care Fraud Defense Team understands certification and re-certification requirements, clinical status determinations, respite care requirements, homebound evaluations, medical necessity certification, and plan of care requirements.

A Look at the Civil and Criminal Penalties of Home Health Care and Hospice Fraud

Home health care and hospice fraud investigations are extremely serious matters in Portland, Oregon and the surrounding areas. You may face charges in civil or criminal court. Civil penalties may include civil fines of up to $11,000 per false claim, recoupment requests, future exclusion from federal health care programs, non-payment of claims. Treble damages, and attorney fees.

Criminal punishments may include costly criminal fines, a criminal record, or 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 charged with and found guilty of incorrectly prescribing medications, improper supervision of others, or false certification, you may be excluded from federal health care programs, prohibited from reimbursement from those programs, and you may lose your professional license.

Three Traits of the Right Portland Defense Lawyer

When you’re facing a home health care or hospice fraud investigation, you need the right Portland defense lawyer. This very serious allegation can ruin your reputation and put you out of business. The right Portland defense lawyer can help defend you against allegations made by the federal government, the media, and the public.

The right Portland defense lawyer will display these three traits:

  1. Deep familiarity with the rules and regulations related to home health care and hospice care. You will not have the time to explain billing, coding, and certification rules to a lawyer without this needed experience.
  2. A successful track record of resolving health care audit and health care fraud investigations. Look for a Portland area defense lawyer with a proven track record of negotiating complex health care fraud cases involving the OIG, DOJ, HHS, and IRS.
  3. Experienced in litigation and trial. Federal prosecutors will know if you have a good defense attorney. Ask each candidate how many health care fraud trials they’ve handled throughout the course of their career. Ask how many Medicare fraud cases they’ve handled that resulted in no civil and no criminal liabilities for their clients.

Using Strategic Defenses for Home Health Care and Hospice Fraud

The Oberheiden Law Group has handled health care fraud cases in Portland, Oregon, and throughout the nation. Many of our attorneys have previous experience in health care auditing and have experience as former federal health care fraud investigators and prosecutors with the Department of Justice. This former experience has helped us develop strategic defenses for each of our clients.

Contact with the federal government. Don’t wait to contact us if you’re being investigated. The longer the federal government has to investigate you, the more likely it is that you will face criminal charges. Once retained, we will contact the federal government immediately to begin to advocate on your behalf. We’ll 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?

Usually, we can get answers to these questions within just a few hours. Answers to those questions will help us formulate the best defenses possible for your case.

Proving our clients made a mistake. Did you know that most home health care and hospice fraud investigations that occur in Portland, Oregon start because of a human or business error? It’s true. Very few cases in Portland or the surrounding area actually involve someone who had the intent to defraud the government. The most common errors in Portland, Oregon include the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. These mistakes are commonly made when home health care or hospice businesses quickly grow. Our court system acknowledges the possibility of making a mistake of this nature. The federal government must meet a high burden of proof to show that you committed a crime. We will evaluate and test the evidence to determine if their evidence meets that standard.

Appropriate certification. Many of the home health care and hospice fraud investigations include the allegation that the business owner or health care provider incorrectly certified or re-certified medical necessity. The Oberheiden Law Group uses known exceptions to certification and re-certification rules to prove that they were appropriate. The federal government knows that these exceptions exist, but they rarely will mention them in their arguments. The Oberheiden Law Group will use industry authorities and our trial experience to explain to a judge or jury the legal exceptions and delegation rules.

Protect your reputation. Most of our clients are rightfully worried about their reputation when they’re being accused of home health care or hospice fraud. The Oberheiden Law Group understands this concern. If the media spreads rumors with a biased report, our lawyers get involved. We address slander and look for opportunities to correct misinformation that is put out 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), 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 Attorneys Serving Portland, Oregon

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 Portland, Oregon 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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