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Oberheiden Attorneys

Defending Clients in TRICARE Fraud Investigations

Categories: Health Care Law

Texas Tricare Fraud Attorneys - Oberheiden & McMurrey, LLP
Dr. Nick Oberheiden, Esq.
Attorney-at-Law

TRICARE is one of the three big federal government patient beneficiary programs. For a long time, law enforcement has focused on Medicare Fraud and fraud committed in the context of Department of Labor (DOL) beneficiaries and providers. A recent trend shows that federal agencies have significantly expanded investigations against healthcare providers that bill for TRICARE patients. This trend is particularly visible when it comes to compound pharmacies, toxicology laboratories, and other high-dollar ancillary branches.

The attorneys at Oberheiden & McMurrey, LLP are routinely called to represent executives and companies accused of healthcare fraud in all parts of the country. In fact, courts have appointed the experienced attorneys of Oberheiden & McMurrey, LLP to assist defendants in healthcare fraud cases.

Primary goal of our defense strategy is to keep the investigation civil and to avoid criminal charges. Healthcare fraud investigations do not necessarily result in criminal prosecutions. Thus, a key question is whether the government is demanding reimbursements (civil case) or threatening prison time (criminal case). Often, it is not clear at the outset of a case to determine the nature and the government’s objectives of an investigation. Some of the factors we look for to classify a case civil or criminal:

  • The way the clients have been made aware of a TRICARE violation
  • The prosecutors leading the case
  • The demands being made
  • The government agency involved (FBI, OIG, HHS),
  • The representations of facts by our clients.

All these elements form important pieces to properly assess the case and our client’s exposure. The mere fact that a prosecutor is involved or the U.S. Attorney’s Office does not automatically mean the existence of a criminal investigation.

Lynette S. Byrd, a former federal healthcare prosecutor, has joined Oberheiden & McMurrey, LLP to offer her government experience to clients accused of TRICARE Fraud and other forms of healthcare misconduct. Together with managing partner Dr. Nick Oberheiden, the attorneys at Oberheiden & McMurrey, LLP are dedicated to achieve the same results for new clients as they have for old ones, namely no civil and no criminal liability in healthcare fraud cases.

Healthcare Fraud (Recent Case Results)

  • Defense of laboratory against investigations by the Department of Defense and the U.S. Attorney’s Office for alleged Tricare Fraud
    Result: No civil or criminal liability, case dismissed.
  • Defense of nationally operating healthcare company against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a healthcare 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, case dismissed.
  • Defense of nationally operating healthcare provider against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Healthcare Fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of healthcare marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a surgical implant company against an investigation by various branches of the federal government for alleged fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of physician owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability, case dismissed.

If you are part of a Tricare or healthcare fraud investigation, you should seek legal advice immediately.  The attorneys at Oberheiden & McMurrey, LLP can provide you a detailed case assessment. Benefit from speaking to our former prosecutors and find out how they evaluate your circumstances.

Oberheiden & McMurrey, LLP
National Law Firm
(800) 810-0259
(214) 469-9009
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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