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Oberheiden Attorneys

How the “Emergency Defense Package” Can Expedite Healthcare Compliance

Categories: Compliance

healthcare compliance
Dr. Nick Oberheiden, Esq.
www.federal-lawyer.com
Direct: (214) 469-9009
1-800-810-0259
Available on Weekends

Healthcare fraud investigations by the Office of Inspector General (OIG) are at an all time high. Toxicology laboratories, pharmacies, compound pharmacies, home health, hospice care centers and other healthcare businesses are experiencing a noticeable increase of pressure from federal authorities tasked with prosecuting healthcare fraud. In these situations, it is important to quickly and efficiently build a defense plan to avoid a continuance or an escalation and expansion of the investigation. One way that has proven to be successful is the Emergency Defense Package that our attorneys have created and utilized to defeat the government’s case.

What Is the “Emergency Defense Package”?

Clients involved in a government investigation have no time to waste. The “Emergency Defense Package” has been developed by experienced counsel and former government officials to timely and efficiently instill compliance and corporate structure into healthcare entities that are either under subpoena or that have reason to believe that the current lack of order and compliance could present a problem in a potential audit or government investigation. In the cases we accept, we attempt to essentially act as time machines by catching up what may be years of failure within a few days.

Our “Emergency Defense Package” has been featured by news stations and the media across the country. We understand that some clients simply do not have the time to set up long-term compliance programs. Due to pending or imminent investigations, the goal of these clients is to accomplish as many compliance efforts as possible in a short amount of time.

How Fast Can We Turn Around a Situation?

The turn around time depends on the geographic location, the size of the clinic, the current status of operations, and the available and existing compliance measures. Because in most situations where we are called to the task we find little corporate or compliance materials to build on but a deadline to respond to a subpoena or to prepare for a government raid, we are used to fire drills and typically able to change things significantly within a few days.

Examples

The following two examples are real life illustrations of our firm successfully applying the Emergency Defense Package

Situation 1: Client, a pharmacy, expected an imminent inspection by state and federal authorities. When we arrived, few things were in order, corporate documents were lacking or incomplete, the drug inventory was a concern, and billing practices presented a huge challenge. Needless to say, compliance had not been a priority and a compliance program was missing entirely. Within 72 hours and prior to the inspection, we had established the following:

  • Executed employment contracts for every staff member
  • Executed independent contractor agreement for every marketer and contractor
  • Executed company and operating agreement
  • Former DEA agent installed and tasked to fix inventory
  • Compliance training completed
  • Compliance program established
  • Compliance certificates distributed
  • All pharmacy licenses updated and renewed
  • Initiation of comprehensive billing analysis
  • Preparations in case of government raid
  • More

Outcome: We have initiated and maintained a dialogue with the pharmacy authorities. The pharmacy is in stellar corporate and compliance condition and absolutely presentable in case of a later audit request.

Situation 2: Client, a physician group, was facing False Claims Act and Stark Law audits and was completely unprepared to respond to an issued government subpoena. In no time, we got our client an extension to respond to the subpoena and started cleaning up the clinics. Within days, we had established the following:

  • Supplemented all corporate documents
  • Supplemented employment and contractor agreements
  • Established a comprehensive and credible compliance program
  • Analyzed the issues and organized our team into task groups
  • Installed former FBI agent to oversee compliance
  • Interviewed all staff and trained them on government interviews
  • Initiated requested document production.

Outcome: No criminal charges, license maintained, small civil fine without formally acknowledging civil liability.

Our Experience

Oberheiden & McMurrey, LLP aggressively defends healthcare executives, business owners, physicians, and corporations against government investigations. Our team consists of former lead prosecutors of the Medicare Fraud Strike Force, former Assistant United States Attorneys, former state prosecutors, and highly respected defense attorneys.

  • Nick Oberheiden achieved no civil and no criminal liability results for physicians and healthcare executives in proceedings before the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), the Department of Justice (DOJ), and the Department of Labor (DOL) and he has defended Stark Law, False Claims Act, and Anti-Kickback cases across the country.

Our Track Record

Our healthcare fraud defense record involves dozens of False Claims Act, Anti-Kickback, Medicare Fraud, Tricare Fraud, Stark Law, and DOL representations literally spanning from San Francisco to Miami and from New York to Los Angeles. The attorneys of Oberheiden & McMurrey, LLP have handled the following matters, among others:

  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • False Claims Act Investigation
    Result: No civil liability, no criminal charges.
  • Stark Law Investigation
    Result: No civil liability, no criminal charges.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Stark Law Investigation
    Result: No liability, case dismissed.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.
  • Healthcare Fraud Investigation
    Result: No civil liability, no criminal charges.

Free Consultation

If you have questions about the Emergency Defense Package or if you want to hear the opinion of former federal healthcare prosecutors and experienced healthcare fraud defense attorneys regarding your case, you should contact our attorneys directly. All inquiries are free and confidential.

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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