We are a team of
former federal prosecutors


Meet the Team
Oberheiden Attorneys

Defending Toxicology Labs In Stark Law Investigations

Categories: Health Care Law

toxicology labs

 

Dr. Nick Oberheiden, Esq.
www.federal-lawyer.com
1-800-810-0259
Including Weekends

Current Toxicology Laboratory Investigations

Recently, toxicology laboratories have faced increased scrutiny from federal investigators looking for improper relationships with their referring physicians.  Toxicology laboratories with close ties to drug treatment centers are receiving particular attention regarding referrals for urine testing.

Stark Law Explained

The Physician Self-Referral Law (“Stark Law”) prohibits a physician from making a referral for certain designated health services to an entity in which the physician or an immediate family member of the physician has an ownership interest, investment interest, or a compensation arrangement unless an exception applies. The Stark Law applies exclusively to Medicare and Medicaid. Further, the Stark Law only applies to referrals to the following Designated Health Services, as specified in the statute:

  • Clinical laboratory services
  • Radiology services, including magnetic resonance imaging, computerized axial tomography scans, and ultrasound services
  • Radiation therapy services and supplies
  • Durable medical equipment and supplies
  • Parental and enternal nutrients, equipment, and supplies
  • Prosthetics, orthotics, devices, and supplies
  • Home health services
  • Outpatient prescription drugs
  • Inpatient and outpatient hospital services
  • Occupational therapy
  • Physical therapy services (and related services such as pathology therapy)

The penalties for Stark Law violations are civil in nature and vary in degree depending on the specific circumstances of the case.  To begin with, Medicare or Medicaid can withhold payment for services provided in violation of the Stark Law.  Furthermore, irrespective of intent, a provider will be required to pay back any monies received from Medicare or Medicaid that were paid for services provided in violation of the Law.  Providers that were found to have knowingly violated the Stark Law could also face civil monetary penalties and exclusion from federal healthcare programs.

Toxicology Representations

Oberheiden & McMurrey, LLP is a healthcare fraud defense law firm that represents toxicology laboratories, healthcare providers, and business owners in Stark Law, False Claims Act, and government investigations across the country. Our team consists of former Department of Justice prosecutors and experienced defense counsel. Our profound understanding of all nuances of the Stark Law and other relevant healthcare laws has allowed us time after time to convince the government to stop its investigations against our clients. Central element of our past defense successes is the introduction of exceptions and carve outs that render otherwise prohibited conduct under the Stark Law completely legal and permissible.

  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.

Our Team

The attorneys of Oberheiden & McMurrey, LLP are seasoned healthcare fraud defense attorneys that help clients from across the country with effective defense strategies against government investigations. Instead of being walled off by secretaries, paralegals, and junior lawyers, all our clients have direct access to the following attorneys.

  • Dr. Nick Oberheiden has successfully defended healthcare executives, physicians, and pharmacies against kickback, prescription fraud, false claims, and fraud allegations before the Office of Inspector General (OIG), Department of Justice (DOJ), Department of Defense (DOD), IRS, FBI, DEA, and other agencies. He is trained in negotiations by Harvard Law School and he received his Juris Doctor from UCLA School of Law as well as a PhD in law.
  • Attorney Lynette S. Byrd focuses her practice on civil and criminal litigation, Medicare and insurance audits, and general advice and counseling in health care law. She is a former Assistant United States Attorney with years of substantial trial experience under her belt who merges excellent litigation skills with profound understanding of the law.

Free Consultation

If you are concerned that you are being audited or investigated or if you simply want to ask questions in a free and confidential setting, you should contact the experienced attorneys at Oberheiden & McMurrey, LLP. We are available seven days a week, including weekends.

Oberheiden & McMurrey, LLP
(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.
×