We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys
Defending PGX Laboratories Against Medicare Fraud Charges

Categories: Health Care Law

defending medicare fraud

Specializing in healthcare fraud defense, Oberheiden & McMurrey, LLP has a proven track record of successfully defending laboratories, physicians, and medical service providers against allegations of Medicare fraud.  Led by Dr. Nick Oberheiden, a nationally recognized healthcare fraud defense attorney, our team of attorneys utilizes their experience on both sides of prosecutions to achieve the best possible outcome for laboratories facing investigation for Medicare fraud.

PGX Medicare Fraud

Medicare fraud occurs when an individual or entity takes advantage of the Medicare program by receiving or making payments for medical services in violation of healthcare regulations.  Medicare fraud charges may be civil or criminal, and they may result from violation of one or more of several statutes, including the False Claims Act, the Anti-Kickback Statute, the Physician Self-Referral Laws (Stark Law), the Social Security Act, or the U.S. Criminal Code.  Among laboratories, including PGX laboratories, Medicare fraud often involves the laboratory improperly compensating physicians for patient referrals or the laboratory submitting inaccurate bills to Medicare.

Defending Medicare Fraud Charges

Lack of Evidence. All defendants are innocent until proven guilty, and the prosecutors bear the heavy burden of proving a defendant’s guilt beyond a reasonable doubt.  In the case of defendants accused of Medicare fraud, the prosecution’s burden includes demonstrating that the defendant intended to commit the fraudulent conduct.  At Oberheiden & McMurrey, LLP, we routinely defeat allegations of Medicare fraud by demonstrating that the prosecution has failed to present sufficient evidence that our client committed the alleged fraud.  We regularly achieve the following outcomes for our clients:

  • Case Dismissed
  • Avoidance of Criminal Charges
  • License Maintained
  • Civil Fine, No Criminal Plea
  • Misdemeanor, No Felony
  • No Jail Time

Lack of Intent.  Through our years of experience with the healthcare industry, we understand how and why innocent mistakes may happen through human or organizational error.  We have seen how laboratories, concerned with servicing patients or distracted by the demands of running a business, have inadvertently run afoul of the labyrinthine web of healthcare regulations.  Common causes of such mistakes include:

  • Unqualified Staff
  • Supervision Errors
  • Delegation & Outsourcing
  • Structural Deficits
  • Organizational Mistakes
  • Human Error
  • Lack of Oversight and Overwhelmed Supervisors
  • Lack of Compliance Program
  • Constantly Changing Rules

Armed with this knowledge, we have helped many laboratories defeat charges of Medicare fraud by proving to investigators and juries that our clients lacked the requisite criminal intent to commit fraud.  The laboratories we represent do not have to make plea deals or accept charges of fraud merely for negligently overseeing the operations of their businesses.

Experienced Medicare Fraud Defense Attorneys

Comprised of former healthcare prosecutors and experienced healthcare defense attorneys, Oberheiden & McMurrey, LLP protects laboratories, medical services providers, and physicians nationwide against charges of Medicare fraud, including fraudulent billing practices or violations of anti-kickback laws.

    Oberheiden & McMurrey, LLP
    Healthcare Compliance – Litigation – Defense
    (800) 810-0259
    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.

    Who Will Handle Your Case

    When you hire us, you will not work with paralegals or junior lawyers. Each lawyer in our Health Care Practice Group has handled at least one hundred (100) matters in the health care industry. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence.

    Bill C. McMurrey

    Bill C.
    McMURREY

    Dr. Nick Oberheiden

    Dr. Nick
    OBERHEIDEN

    Lynette S. Byrd

    Lynette S.
    BYRD

    Glenn A. Harrison

    Glenn A.
    HARRISON

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