El Paso Health Care Fraud
Experienced El Paso Federal Lawyers Defend Against FBI, DEA, and OIG Health Care Fraud Investigations
The El Paso health care fraud defense attorneys at Oberheiden, P.C. have decades of government and federal fraud investigation experience. Our lawyers focus on defending health care providers in El Paso and throughout the State of Texas against all types of federal fraud investigations.
- Medicare Fraud Criminal Charges
- Medicare Audit, CMS Audit
- Anti-Kickback Violations
- Controlled Substances Act
- False Claims Act (Whistleblower)
- Stark Law
- Fraud Against Private Insurance Companies
Our Texas firm is headed by principal Dr. Nick Oberheiden. Moreover, the firm’s federal law health care fraud defense team includes former health fraud prosecutors with the U.S. Attorney’s Office and the U.S. Department of Justice (DOJ). Using decades of government and prosecutorial experience, we design and execute defense strategies as measured to your unique circumstances. Our attorneys always take a comprehensive team approach focusing the full weight of our attorneys’ experience for the benefit of our clients.
Oberheiden, P.C. Is a Texas Defense Team of Former Justice Department Lawyers
Our attorneys have decades of experience as former federal prosecutors and defense lawyers. We have served as counsel in cases involving virtually all types of health fraud allegations in El Paso. Indeed, our firm’s attorneys have represented our clients in investigations involving the U.S. Department of Health & Human Services’ (DHHS), the Office of Inspector General (OIG), the DOJ, the Drug Enforcement Administration (DEA), the Medicare Fraud Strike Force, among other federal agencies. We have secured successful resolutions for our clients facing investigation involving Medicare, Medicaid, and alleged fraud against commercial insurance programs.
- Avoided Criminal Charges in Large Number of Fraud Investigations
- Settled False Claims Act Cases With No Liability for Our Clients
- Obtained Probation in Medicare Fraud Cases
- Saved Dozens of Medical Providers’ Licenses
Many of our attorneys previously supervised OIG, FBI, and DEA cases at the Department of Justice and understand the investigative techniques— and effective defense strategies. We have obtained “No Civil, No Criminal Liability” outcomes for the following clients, including in El Paso:
- Physicians (Wide Variety of Specialties)
- Mental Health Care Providers (Psychologist, Counselors, Psychiatrists)
- Home Health Care Agency
- Hospice Owners
- Sober Living, Urine Toxicology Laboratory
- Marketing Companies
To many of our past clients, we are among the best lawyers when it comes to resolving serious health care fraud matters without criminal or civil liability.
Call us immediately if you are concerned about a potential fraud allegation against you or your business. Let us take care of these concerns so that you can focus on your practice. As we have for so many other clients in El Paso and throughout Texas — we will find a way to help you.
We Help El Paso Providers With Audits and Fraud Investigations
West Texas and El Paso are declared centers of health care fraud investigations. El Paso providers with high Medicare beneficiaries (e.g. home health agencies, hospice agencies, DME companies, cardiologists, mental health programs etc.) must be more sensitive to CMS audits and fraud investigations than would be true in other U.S. cities.
- Medicare Audits & ZPIC Audits. In the past, Medicare providers would receive a request for an audit because they were randomly chosen as part of a routine controlling mechanism. Nowadays, cardiologists, pain management doctors, oncologists, psychologists, dentists, and many other specialist providers in El Paso receive notice from CMS simply because they see more patients than their competitors. So, the selection process is no longer randomly, but based on initial fraud suspicion. That’s important to keep in mind because there is often already a presumption of suspicion. Oberheiden, P.C. uses former Department of Justice health care prosecutors to counter that presumption. From our experience, the sooner a health company or individual providers contacts our Texas lawyers, the more likely the audit can be put to rest quickly. Vice-versa, many clients contact us when they originally handled their audit independently and are now facing second or third review audits with possible referral to the U.S. Attorney’s Office. Don’t let that happen to you! Let us fix your MAC, ZPIC, CMS matter upfront.
- OIG Subpoenas. The Office of Inspector General (OIG) and the Department of Health and Human Services (HHS) have a strong presence in El Paso. Both agencies are the health care fraud enforcement arm of the Department of Justice and employ highly skilled fraud investigators. If your business receives a subpoena or a visit from the OIG, you must understand that you are under serious fraud investigation with a potentially criminal outcome. Our attorney Nick Oberheiden has substantial experience with OIG cases and successfully represented providers and businesses of all types. As one of the few lawyers, Nick has also argues defense cases at the HHS and OIG headquarters in Washington D.C. and deliberated his clients from payment suspension and fraud suspicion. Regardless whether the underlying investigations centers around alleged False Claims Act violations, Stark Law, Medicare rules, or Anti-Kickback issues, you should speak to Nick Oberheiden and his team to obtain a realistic and reliable case assessment.
- DEA Investigations. El Paso, like the rest of the country, is subject to rigid scrutiny by federal law enforcement when it comes to opioid prescriptions. Prescribing physicians and filling pharmacies in El Paso need to understand that El Paso is home to a DEA field office with enormous resources and clear marching orders, namely to take down and arrest medical providers and pharmacy owners that are in the business of running or supporting pill mills. More so, DEA agents are currently identifying pain management physicians, internal medicine doctors, family practitioners, and other doctors that show up in centralized DEA databases as “outliers” for prescribing Schedule I, Schedule II, or Schedule III medications. If your practice is targeted by the DEA or if you want to find out how DEA agents may investigate your practice by using undercover agents, you should contact Oberheiden, P.C.. We are on the forefront of defending physicians and pharmacies across the United States against unjust charges and alleged violations of 21 U.S.C. 841 and 21 U.S.C. 846.
- Medicare Fraud, Medicaid Fraud. The U.S. Attorney’s Office in Paso (located at 700 E. San Antonio, Suite 200 in El Paso, Texas 79901) is known for its rigid enforcement of Medicare laws and rules. El Paso is home to disproportionately large numbers of Medicare and Medicaid beneficiaries — and serving medical providers. Traditionally, El Paso providers have been in the limelight of health care fraud investigations involving dentists, pediatric dentists, cardiologists, oncologists, but also home health and hospice agencies, DME businesses, and laboratories. If your practice is subject to a Medicare audit, receives notice from the Attorney General’s Office, or even a criminal investigation, please contact the former Medicare prosecutors of Oberheiden, P.C. in Texas right away. We have helped many clients accused of fraud by turning the case around. No case is too hopeless. Discuss your situation, whether preventive or a defense case, with former Assistant United States Attorneys and experienced health care defense lawyers — free and confidential.
- Illegal Kickbacks, Bribes, and Referral Fees. The Western District of Texas, which covers El Paso, has a reputation of aggressively enforcing the federal Anti-Kickback Statute (“AKS”). In essence, the AKS prohibits the offering, solicitation, payment, or receipt of any form of compensation for a patient referral. From our broad experience in the Western District of Texas we know that the U.S. Attorney’s Office in El Paso closely monitors the relationship between health marketing companies and physicians. Additionally, recent AKS cases extended the investigations to include toxicology laboratories, pharmacies, nursing homes, and hospitals. If you have reason to believe that your business is part of an AKS investigation, you should not hesitate. Patience is not a virtue when it comes to effectively initiating a defense against federal felony charges. Discuss your situation with the Texas-based former U.S. prosecutors of Oberheiden, P.C. and find out what needs to be done to avoid, mitigate, or dismiss charges.
The attorneys at Oberheiden, P.C. are available to discuss your situation in a free and confidential consultation, including on weekends. You will benefit from a reliable assessment from those lawyers previously in charge of DOJ, OIG, FBI, CMS, and DEA investigations. We are waiting for your call.
FAQs: What Providers in El Paso Need to Know about Health Care Fraud Investigations
Q: Who Are the Targets of Health Care Investigations in El Paso?
The targets of El Paso health care fraud investigations are predominantly those health providers and businesses in the health sector that generate high volume of Medicare or commercial insurance revenue. Unfortunately, the government investigates providers based on computer data and anyone that shows as an “outlier” may become a subject. In fact, Oberheiden, P.C. has successfully defended hard working physicians in El Paso and throughout Texas that had to justify why they see more patients and generate more revenue than some of their peers. From our experience in El Paso, the target list further includes:
- Home Health & Hospice Agencies
- Physicians and Nurses Involved in Home Health Services
- Opioid Prescribing Physicians
- Toxicology & DNA Laboratories
Q: What Are the Penalties for Health Care Fraud in El Paso?
Health care fraud can be both civil and criminal. The art of resolving this type of fraud is by having experienced lawyers assess the situation early to turn a criminal case into a civil case and a civil case into no monetary liability. In general terms, federal judges in the Northern District of Texas, which covers El Paso, apply criminal health fraud statutes rather harsh. Whether the offense is an illegal kickback or billing fraud, the punishment range can rise up to 10 years per one count. However, rarely does it happen that there are not some signs of an investigation like a grand jury subpoena or interview requests by federal agents. The earlier a client contacts experienced health fraud defense attorneys in El Paso, the less likely the case will result in criminal charges or liability. In light of the severe consequences of criminal fines, restitution, asset forfeiture, and possibly incarceration, you should not hesitate to begin your defense strategy as early as possible. Call our DFW office and ask us how we can help.
Q: When Should I Consult With a Lawyer?
Given the aggressiveness of current government health care fraud investigations, it can hardly be too early for you to consult with experienced lawyers. In fact, an early plan produces the best defense strategy. Clients in El Paso routinely contact Oberheiden, P.C. to learn about fraud investigations and to find out what exactly the government is trying to do in their respective cases. Our respected lawyers will open a dialogue with the prosecutors and agents and will provide you with answers to your most pressing questions while outlining our defense approach—based on the information received and based on a plethora of successfully resolved past cases.
Q: Which Oberheiden, P.C. Lawyer Will Represent Me?
Depending on the nature of your case, one of the following lawyers will be available to help you with your case. Notably, Oberheiden, P.C. will not delegate your case to a paralegal or a junior lawyer. From the moment you call us, you will speak to real lawyers, lawyers that have resolved large number of Medicare fraud, Medicaid fraud, health care fraud, kickback, and False Claims Act investigations. Please ask to speak to any of these lawyers, including on weekends.
Experience in All Government Health Care Fraud Matters
Our health care fraud defense team is ready to provide experienced and sound legal representation for El Paso health providers facing investigations by the state or federal government. If your practice or business is being investigated, or if you have concerns regarding potential billing violations, our lawyers can take quick action to mitigate adverse consequences. In short, we will pursue all available courses of action to help you address any civil or criminal investigations or charges.
Contact the Trusted El Paso Federal Health Care Fraud Defense Lawyers
To schedule a free case assessment at Oberheiden, P.C., please call (214) 692-2171 or contact us online. We are available to talk to you seven days a week, and if we cannot respond immediately we will be in touch as soon as possible.