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 Legal Defense Serving all of Texas

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 schools such as Harvard Law School and Yale Law School. Our attorneys serve clients in Texas as well as surrounding areas.

If you’re in Texas and being investigated for home health care and hospice fraud, call the Oberheiden Law Group, PLLC. We’re a Texas law firm practicing in health care fraud defense. We have substantial 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 in and around Garland, Dallas, Mesquite, Richardson, and McKinney, Texas. Dr. Oberheiden is a recognized health care fraud defense attorney and is the managing partner of the Oberheiden Law Group.

Mr. Elliott is the head of the Health Care Fraud Defense Team. 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 Northern Texas.

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

Texas Is Monitored by the Medicare Fraud Strike Team

The State of Texas is monitored by the Medicare Fraud Strike Team. It’s one of nine areas in the nation that is directly monitored for home health care and hospice fraud. The Medicare Fraud Strike Team is a joint team of investigators and prosecutors from several 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. Their job is to monitor, investigate, and ultimately prosecute instances of fraud that occur.

Home Health Care and Hospice Fraud in the State of Texas

The Oberheiden Law Group provides home health care and hospice fraud defense services to home health care businesses and agencies, hospice facilities, business owners, and health care professionals in the State of Texas. 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

The Oberheiden Law Group works directly 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 understand 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.

The Penalties of Home Health Care and Hospice Fraud in Texas

Home health care and hospice providers and entities in Texas that are being investigated for home health care or hospice fraud may face civil or criminal liabilities and their 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.

How to Choose the Right Texas Defense Lawyer

The penalties for home health care and hospice fraud are extremely serious. It is a necessity to choose the right Texas defense lawyer. This allegation can damage your reputation and your business. Choosing the right defense lawyer means getting the best defense and legal advocate to face the federal government, the media, and the public on your behalf.

The right Texas defense lawyer:

  1. Has 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 him or her.
  2. Has a track record of successfully resolving health care audit and fraud investigations. He or she has a proven track record of negotiating complex health care fraud cases with OIG, HHS, IRS, and DOJ.
  3. Has excellent litigation skills and trial experience. Federal prosecutors will know whether or not your lawyer is any good. Ask all candidates how many Medicare fraud cases they’ve handled that resulted in no civil and no criminal liabilities for their clients.

Home Health Care and Hospice Fraud Defense Strategies

The Oberheiden Law Group has handled hundreds of trials and cases in court. Several of our lawyers have experience in health care auditing and as former federal health care investigators and prosecutors. This combined experience has led us to develop proven home health care and hospice fraud defense strategies.

Contact with federal investigators. If you’re being investigated for home health care or hospice fraud in Texas, don’t wait. Call the Oberheiden Law Group now. We will immediately reach out to federal investigators on your behalf. This immediate contact gives the federal government less time to investigate you without interruption. We ask the important questions in order to better prepare your defense. Often, we can get answers within a few hours to:

  • What triggered the investigation?
  • Is it a civil or criminal matter?
  • Are you facing prison time?
  • What can be done to resolve the matter?

Proving our clients made a mistake and did not commit a crime. Most home health care and hospice fraud investigations in Texas start because of a human error or a business 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. The justice system acknowledges that mistakes may be made. The Constitution creates a high burden of proof the government must meet to show that you acted with criminal intent. The Oberheiden Law Group looks at the evidence in each case to determine whether it can meet that burden.

Proving appropriate certifications. Many cases of this nature in Texas claim that the business owners and providers incorrectly certified or re-certified medical necessity. This allegation is hard for the government to prove. The Oberheiden Law Group relies on local authorities and our 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 professional image. Many of our clients are concerned with their professional image, and rightfully so. The media starts rumors by creating biased reports. Our lawyers will address slander and watch 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 the State of 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 the State of 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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