Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Providing Legal Defense for Health Care Fraud in the Baton Rouge Area

9655 Perkins Rd, Suite C-203
Baton Rouge, LA 70810
225-308-2440
(Meeting location by appointment only)

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 country’s best schools such as Harvard Law School and Yale Law School. Our attorneys serve clients in Baton Rouge as well as throughout Louisiana State.

Health care fraud allegations in Baton Rouge are serious matters. If you’re being investigated for health care fraud, call Oberheiden & McMurrey, LLP right away. 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, elite former lead prosecutors of the Medicare Fraud Strike Force, and accomplished lawyers with leading education from the best law schools in the United States.

If you’re ready to learn more about your legal options, call Oberheiden & McMurrey, LLP now and ask to speak with a member of our Health Care Fraud Defense Team. Calls are free of charge and confidential.

Health care Fraud in Baton Rouge

Baton Rouge, Louisiana is one of nine areas in the United States that is watched for health care fraud by the Medicare Strike Force. The Medicare Fraud Strike Force is a team of investigators and prosecutors from several federal agencies including the Department of Justice, Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation. This list isn’t all-inclusive. Other federal prosecutors and investigators can be involved in the Medicare Fraud Strike Force.

Baton Rouge is closely scrutinized by the Medicare Fraud Strike Force because of the large number of citizens in the area who rely on a federal health care program. The increase in beneficiaries means that more claims are filed with the federal government for reimbursement. The Medicare Fraud Strike Force watches for an increase in health care fraud because of the number of claims that are filed. In 2016, the Department of Justice investigated more than 300 health care fraud allegations. They stated that 80 of those cases involved an individual provider. The majority of the cases revolved around health care entity or business. The agency recovered more than $900 million in fraudulently paid out claims.

Health Care Fraud Basics

Health care fraud is an attempt at receiving reimbursement from a federal health care program for medical equipment or services. Federal health care programs include Tricare, Medicare, Medicaid, and federal workers’ compensation. Health care fraud includes at least one of the following occurrences:

  • Violating the Anti-Kickback Statute – Federal health care law restricts the exchange of money or other valuables for patient referrals. Any person (including individual providers, marketing professionals, a health care entity, or a business) may face prosecution for violating this act if they offer or provide payment or other valuables in exchange for the referral.
  • Violating Stark Law – Stark Law is more commonly known as the Self-Referral Law. It restricts physicians from referring patients to certain health care entities if the physician or an immediate family member of the physician has an ownership or investment interest, or if there is a compensation arrangement. There are statutory exceptions to this law.
  • Prescription Fraud – Health care practices prescribing a high volume of narcotics are closely watched by the federal government. If you’re suspected of operating a “pill mill,” you may be investigated for insurance fraud or for violating the DEA dispensing rules.
  • Billing Fraud – One of the most common occurrences of billing fraud is upcoding. This occurs when the next higher code is used on claims made to federal health care programs. The federal government also investigates allegations of phantom billing for services that aren’t provided, ghost patients (patients who do not exist), and billing for medically unnecessary services or equipment.
  • Certification Errors – The federal government pays close attention to the home health care and hospice industry. The most common allegation is the fraudulent certification for care.

Oberheiden & McMurrey, LLP has a track record of success helping clients avoid criminal charges. If you, your health care practice, or your business are being investigated for health care fraud in Baton Rouge, call us immediately. Initial consultations are free and confidential.

Civil and Criminal Penalties of Health Care Fraud

Health care fraud is extremely serious and can result in civil or criminal penalties. Civil penalties may include the repayment of claims, non-payment of future claims, and you may also be excluded from federal health care programs. You may also be called before the state disciplinary board, lose your license, or lose your hospital privileges.

Criminal penalties may include fines that cost you hundreds of thousands of dollars per claim, criminal indictment, or a prison sentence.

If you are found guilty of criminal health care fraud, you may receive a prison sentence:

  • Up to 10 years for each count of health care fraud
  • Up 20 20 years for each count of fraud that resulted in serious bodily injury to the patient
  • Life sentence if the health care fraud resulted in the death of a patient

Clients often ask us about the worst-case scenario for health care fraud in Baton Rouge. Criminal prosecution can depend on many factors, including the severity of the injury received by a patient, whether the prosecutor is interested in pursuing a criminal charge, and the reason why the investigation was started. If you’re being investigated for health care fraud in Baton Rouge, you should call Oberheiden & McMurrey, LLP right away to learn about your options. Initial consultations are confidential and are free of charge.

Signs That You May Be Facing a Criminal Charge

Health care fraud charges can be civil or criminal in nature. Oberheiden & McMurrey, LLP utilizes early intervention and strategic defense to help our Baton Rouge clients. If you are being investigated, contact us immediately.

It’s not always easy to figure out if you are facing civil or criminal charges. The U.S. Attorney’s Office and other federal agencies have both a civil and a criminal division. So, being contacted by a federal prosecutor isn’t an indication of a criminal charge being imminent. However, civil investigations can become criminal in nature. Oberheiden & McMurrey, LLP can help by contacting federal prosecutors on your behalf. If you’re contacted by a federal prosecutor, call us right away.

Determining the charges depends on the legal interpretation of many factors including OIG subpoenas, the manner in which the inquiry is made or in the way in which the allegations are made, and other indicators of criminal prosecution. Criminal prosecution may be imminent if you receive a search warrant, seizure warrant, arrest warrant, target letter, IRS involvement, grand jury subpoena, or if there is the involvement of a federal criminal prosecutor.

If you have questions about the charges that you may be facing, call Oberheiden & McMurrey, LLP now. We provide advocacy for individual practitioners, entire health care systems, and other related health care businesses. If you are a health care provider, business, or entity Baton Rouge and you’re being investigated by the Department of Justice, the Department of Defense, the Federal Bureau of Investigation, Drug Enforcement Administration, Office of Inspector General, Medicare Fraud Control unit, Baton Rouge or Louisiana state law enforcement, or the IRS, call us now.

Health Care Fraud Defenses

Oberheiden & McMurrey, LLP works on behalf of Baton Rouge health care fraud defense clients.. Many of the members on our Health Care Fraud Defense Team have experience as health care auditors and as former health care fraud prosecutors with the Department of Justice. Our Baton Rouge clients receive valuable insight and legal defense for their health care fraud cases.

Immediate contact with the federal government. Our main goal is to help our clients avoid criminal indictment. Experience has taught us that the best way in which we can advocate for our clients is to immediately contact the federal government. We get answers to the important questions and limit the amount of time that the federal government has to investigate you without interruption. We work to protect your career and your freedom. We can get answers to these questions usually within just a few hours after we are retained by you:

  • What is the investigation about?
  • What is the purpose of it?
  • How long will the investigation take?
  • What is the most likely outcome?

Proving no criminal intent. The federal government must prove beyond a reasonable doubt that you committed a crime. They must also show that you acted with criminal intent. Where criminal charges are indicated, we test whether or not the government will be able to meet these Constitutional standards. Often, the government will try to use billing inaccuracies to prove that you had criminal intent. Oberheiden & McMurrey, LLP has learned that, most often, it is simply the result of an organizational or human error. These mistakes should not be held to criminal standards. We have provided successful legal defense for clients across the United States by proving that the inaccuracies are a result of human or organizational error and not a result of criminal intent. We’ve noted that the use of unqualified workers, delegation errors, outsourcing errors, lack of oversight, insufficient supervision, and the constantly changing laws and rules that are involved in health care are the most common errors that cause these investigations. Although these issues should be corrected, they should not lead to criminal liability.

Strategic health care fraud defense. Oberheiden & McMurrey, LLP develops strategic health care fraud defenses for each client. Many of the cases we’ve successfully defended were done so because of statutory loopholes and exceptions. For example, in the context of Stark Law which involves medical necessity certifications, we’ve been able to use exceptions to either mitigate or entirely resolve a health care fraud case.

Safeguarding the reputation of our clients. We are committed to doing more than providing health care fraud defense. We are also committed to defending your image. Allegations of health care fraud can be extremely damaging. Many of our clients are concerned about how these allegations may affect their future. The media has a lot of power. Your reputation could be destroyed by rumors spread by the media. Our attorneys routinely address concerns about slander, and book news spots and other opportunities to correct misinformation about our clients.

Oberheiden & McMurrey, LLP has helped clients across the country who were accused of health care fraud. Call us today to learn more about your legal options. The call is confidential and there is no charge.

Our Track Record

The commitment of Oberheiden & McMurrey, LLP is to avoid criminal charges and to shield our client’s medical business from government intrusion. Our team of former health care prosecutors and experienced defense attorneys have a distinguished history of protecting business owners, executives, lawyers, physicians, hospitals, laboratories, pharmacies, home health care entities, and many other health care organizations against any form of alleged health care fraud. Here are some recent examples of our case outcomes.

  • Representation of a Pharmacy Investigated by the Department of Defense and the Office of Inspector General for Tricare Fraud.
    Result: No civil or criminal liability.
  • Representation of a Marketing Group Investigated by the Department of Defense and the Office of Inspector General for Tricare Fraud.
    Result: No civil or criminal liability.
  • Representation of Physicians Investigated by the Department of Defense and the Office of Inspector General for Tricare Fraud.
    Result: No civil or criminal liability.
  • Representation of Laboratory against an Investigation by the Department of Justice and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Representation of Laboratory against an Investigation by the Department of Health and Human Services and the U.S. Attorney’s Office for Alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Representation of Laboratory against an Investigation by the Department of Justice and the U.S. Attorney’s Office for alleged Tricare Fraud.
    Result: No civil or criminal liability.
  • Representation of a Health Care Services Company against an Investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for Alleged False Claims Act and Stark Law Violations.
    Result: No civil or criminal liability.
  • Representation of a Health Care Marketing Group Against an Investigation by the Office of Inspector General for Alleged Health Care Fraud.
    Result: No civil or criminal liability.
  • Representation of a Physician against an Investigation by the Department of Health and Human Services and the U.S. Attorney’s Office for Alleged Medicare Fraud, Stark Law Violations, and Anti-Kickbacks.
    Result: No civil or criminal liability.
  • Representation of Laboratory against an Investigation by the Department of Justice and the Office of Inspector General for Alleged False Claims Act and Medicare Violations.
    Result: No civil or criminal liability.
  • Representation 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.
  • Representation of Physician Investigated by the Office of Inspector General for Medicaid Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Representation 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.
  • Representation of Physician 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.
  • Representation of Physician Group Investigated by the Department of Health and Human Services and the Office of Inspector General for False Claims Act Violations.
    Result: No civil or criminal liability.
  • Representation of a Physician Investigated by the Department of Defense and the Office of Inspector General for Tricare Fraud.
    Result: No civil or criminal liability.
  • Representation of Pharmacy Investigated by the Department of Justice and the Office of Inspector General for Department of Labor Program Fraud.
    Result: No civil or criminal liability.

Health Care Fraud Defense Lawyers Serving Baton Rouge, Louisiana

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. You can call us directly or complete our contact form or by emailing us directly.

225-308-2440
Including Weekends
Oberheiden & McMurrey, LLP
Serving Baton Rouge, 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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