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 for the San Antonio, Texas Area

The Oberheiden Law Group is a Texas health care law firm with significant experience in regulatory compliance, corporate structuring, litigation needs, civil government investigations, criminal government investigations, and criminal defense. Our team includes a former Chief Health Care Fraud Coordinator with the Dallas U.S. Attorney’s Office, former senior trial attorneys from the Department of Justice, former lead prosecutors of the Medicare Fraud Strike Force, and experienced and talented attorneys with education from the nation’s best law schools. Our attorneys routinely serve clients in San Antonio, Texas and in the surrounding areas.

Call the Oberheiden Law Group, PLLC right away if you’re being investigated for home health care or hospice fraud in San Antonio, Texas or the surrounding areas. When you call, ask to talk with a member of our Health Care Fraud Defense Team. Initial consultations are free and confidential.

San Antonio, Texas Is Directly Monitored by the Federal Government

San Antonio, Texas is one of nine locations in the nation that is constantly and directly monitored by the federal government. San Antonio is monitored by the Medicare Fraud Strike Force. This is an elite team of investigators and prosecutors from several 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. The purpose of this agency is to monitor, investigate, and prosecute instances of health care fraud.

Home Health Care Fraud and Hospice Fraud in San Antonio, Texas

The Oberheiden Law Group serves San Antonio, Texas area hospice facilities, home health care businesses, business owners and executives, and health care providers. We are also experienced in handling matters related to corporate compliance, internal investigations, Medicare audits, recoupment requests and questions, and civil and criminal government investigations. We are also experienced with:

  • 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 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. The Oberheiden Law Group understands requirements of certification and re-certification, clinical status determination, requirements for respite care, homebound evaluations, certification of medical necessity, and plan of care requirements.

Civil and Criminal Penalties of Home Health Care and Hospice Fraud

Home health care and hospice fraud investigations can affect your business. You may face civil or criminal charges. 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, assignment of treble damages, and even attorney fees.

Criminal punishments are also serious in nature. They may include fines in the hundreds of thousands of dollars, a criminal record, or even 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 ultimately found guilty of incorrectly prescribing medications, improperly supervising others, or of false certification, you may be excluded from all federal health care programs, prohibited from reimbursement from those programs, and you may also lose your professional license.

Top Characteristics of the Right San Antonio Defense Lawyer

If you’re facing an allegation of home health care of hospice fraud, you need to hire the right San Antonio defense lawyer. This allegation can ruin your reputation, your business, and your life. The right San Antonio, Texas defense lawyer can defend you against allegations made by the federal government, the media, and even the public.

Top characteristics of the right San Antonio defense lawyer include:

  1. Deep familiarity with the rules and regulations of home health care and hospice care. You just will not have time to explain billing, coding, and certification rules to a lawyer who doesn’t have experience dealing with these matters.
  2. A track record of successful resolution of health care audits and health care fraud investigations. Look for a San Antonio defense attorney with a proven track record of negotiating complex health care fraud cases, involving the OIG, DOJ, HHS, and IRS.
  3. Litigation and trial experience. Federal prosecutors will know if you have a good defense lawyer. Ask each candidate how many health care fraud trials they’ve handled during their career. Also, ask how many Medicare fraud cases they’ve handled that resulted in no civil and no criminal liabilities for their clients.

Immediate Defenses for Home Health Care and Hospice Fraud Clients

The Oberheiden Law Group has handled a great number of health care fraud cases in San Antonio, Texas and throughout the nation. Several of our lawyers have previous experience in both health care auditing and as former federal health care fraud investigators and prosecutors with the DOJ. This valuable experience has led us to develop immediate defenses that we implement once we are retained.

Immediate legal advocacy for our clients. It’s important that if you’re being investigated for home health care or hospice fraud that you don’t wait to get legal help. The longer you wait, the more time the federal government has to build their case against you. Once retained. We reach out the federal prosecutors to begin to immediately advocate for you. We 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?

When we get answers to these questions, we are able to plan the best possible defense for you.

Proving our clients did not commit a crime. Most home health care and hospice fraud investigations that start in San Antonio do so because of a human or business error. Very few cases in the area start because someone had the intention to commit a crime. The most common errors in San Antonio, Texas include using unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing health care laws and rules. Mistakes are often made when home health care or hospice businesses grow too fast. Our court system knows that no one is perfect and understands that mistakes can happen. The federal government must prove beyond a reasonable doubt that you committed a crime. We will analyze the evidence to determine if they can meet that standard.

Appropriate certification. Many of the home health care and hospice fraud investigations include the allegation that a business owner or the health care provider incorrectly certified or re-certified medical necessity. The Oberheiden Law Group uses known legal exceptions to certification and re-certification rules to show that your use was appropriate. The federal government knows that these exceptions exist, but they generally will not bring them up in their complaint or their arguments. The Oberheiden Law Group will use industry authorities and our litigation experience to explain to a judge or jury the legal exceptions and delegation rules.

Protecting your professional reputation. Our clients often come to us with concerns about their professional reputation when they’re facing an allegation of home health care or hospice fraud. The Oberheiden Law Group understands this and we will help protect your professional reputation from biased media reports and rumors. 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), San Antonio 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 Attorneys Serving San Antonio, 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 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 San Antonio, 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.

IF YOU ARE UNDER INVESTIGATION

YOU SHOULD CONTACT US TODAY

Contact the Experienced Attorneys of the Oberheiden Law Group Now for a Confidential Consultation

Contact Us Now
×