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Proven Federal Attorneys
Protected Clients in 45+ States

Joe Lewis
DEA Compliance

Beverly Gibson
Compliance Auditor & Consultant

Dr. Nick Oberheiden
Founder

Lynette Byrd
Former Assistant
U.S. Attorney

Dennis A. Wichern
Special Agent-in-Charge (Ret.)

Are You Compliant?

Talk To Us Before It's Too Late

If you want to make sure that your business is compliant with pertinent state and federal laws, have one of the respected and experienced attorneys of the Oberheiden, P.C. discuss and review your existing or proposed business model and contracts.

Make The Right Choice

Health Care Compliance Lawyers

Oberheiden P.C.:
We Keep Your Name Out of Newspapers

It will not be easy to find a team like the Oberheiden P.C. Former Department of Justice officials, former Special Agents from the FBI/OIG/DEA, former Medicaid Fraud Control Unit (MFCU) supervisors, former federal prosecutors, certified private investigators, Certified Fraud Examiners (CFE) and experienced federal law defense attorneys offer their breadth of experience and law enforcement insights for one sole purpose: to protect you and your business against audits, inspections, subpoenas and investigations.

 

  • Healthcare Audits (ZPIC, CMS, Medicare, Medicaid, Private Insurance)
  • Inspections (DEA Inspections, Auditor Visits)
  • Subpoenas (CID, Grand Jury, OIG-HHS Subpoenas, DEA Subpoenas)
  • Investigations (FBI, OIG, DEA, Homeland Security, Justice Department)

Our comprehensive healthcare fraud compliance and defense approach keeps your name out of newspapers.  Our team of attorneys and expert consultants has helped hundreds of clients from across the United States to pass difficult audits, avoid criminal referrals or charges, and to stay in business with intact and maintained licenses. Our compliance team members include highly-experienced and nationally proven defense advocates:

  • Former Department of Justice Officials (DOJ)
  • Former Federal Prosecutors (AUSA)
  • Former Special Agents (FBI, DEA, OIG)
  • Certified Fraud Examiner & Billing Experts

Why Clients Trust Oberheiden P.C.

Clients from more than 45 states have hired our team of former DOJ prosecutors and federal law defense attorneys to prevent or defend compliance issues. We have successfully avoided criminal charges in investigations across the United States, avoided or drastically reduced exposure to civil penalties, and saved the professional licenses of physicians, mental health care providers and nurses — no situation is hopeless. In hundreds of investigations, our experienced team has avoided criminal charges, safely navigated clients through audits and inspections, and made sure that our clients’ business operations could continue.

Our approach is two-fold. First, we identity the problem. Quite often, our clients become aware of a compliance problem after they were contacted by federal law enforcement agents, received a subpoena requesting medical or corporate records, or even experienced a government search warrant. Other times, clients call us to discuss concerns in connection with billing problems or audit requests. Regardless of the timeline, it is never too late to correct mistakes and to boost compliance standards. Second, when we understand the universe of problems, we begin correcting them.  Such corrective measures may involve, among others, advising on billing and coding changes and the implementation of policies and procedures and compliance programs.

This is Why You Are in Good Hands

I found Dr. Nick Oberheiden online and the moment I spoke with him, I knew he is a true federal law expert. Nick outlined a defense strategy that was so thought through and so out of this world--and he executed and delivered like I would never have imagined. Nick is unbelievably good!! Nick is the very best of the best lawyers. Hire Nick if you want a classy, smart, and extremely successful lawyer.read more
David Lo
David Lo
Nick is extremely professional and knows what he is doing. He is also very kind as a person (unless he is in court!) I would recommend him to just about anyone if they need an amazing lawyer that is top notch and would frankly be scary to face in the court room. He will always do a great job representing his clients. Thank you very much.read more
Anna Pham
Anna Pham
Nick is the absolute top expert in any federal case
Jeff Crilley
Jeff Crilley
Extremely successful attorney with brilliant litigation skills.
Shannon Faulk
Shannon Faulk
Smart. Smarter. Nick. As a healthcare executive, I once ran into a litigation issue. I hired Nick and, literally, before I knew it the case was resolved in my favor. Nick has an incredible presence and every lawyer in the room knows that Nick will do exactly what he says. It was a mesmerizing experience to see Nick in action! Very calm and determined, Nick is the absolute top litigator.read more
Whitney Bryant Milam
Whitney Bryant Milam
Nick has been a friend and trusted advisor for almost 10 years. As anyone just looking at his bio can tell, Nick is an outstanding attorney in highest demand across the country. All healthcare providers should hire attorney Nick Oberheiden!! You will not be disappointed.read more
Pamela mulrooney
Pamela mulrooney
I have never witnessed a lawyer with such uncompromising client commitment, integrity, and dedication. On weekends, at night, in the morning— Nick is always there for his clients, constantly identifying solutions, no matter how complex the situation. The only question I have after all these years of knowing Nick: Does he ever sleep?read more
Laura Driscoll
Laura Driscoll
Dr. Oberheiden has served as council and represented our company on several occasions, even during depositions, contract reviews and providing invaluable advice on multiple occasions that transpired into multilevel success in our business. He and his teams knowledge of both local, state and federal statues, accompanied by their areas of expertise law regarding best asset protection, estate planning and wealth management solutions have provided both professional and personal growth for my companies, safeguarding them and protection my family’s name and legacy. I would recommend this firm and Dr. Nick Oberheiden without hesitation. I have no doubt that you will experience success with his council.read more
Corban Milam
Corban Milam
I have worked with Nick Oberheiden for over ten years on various litigation matters in and around New York City. Nick is an accomplished and seasoned lawyer and litigator---efficient, reliable, practical and, at the same time, highly academic. Nick will take the time necessary to understand a client's short- and long-term goals, and tailor his representation and advice to work toward and achieve those ends. Nick is a zealous advocate for his client, and will never sacrifice his client's interests for a quick or easy resolution to a case. At the end of the day, Nick is a great person to know if you or your business is in need of a top litigator or defense attorney.read more
Brendan Carosi
Brendan Carosi
Nick Oberheiden was the 3rd representation for my sister case. She accused of crimes that she did not commit, and later a victim of Attorney misconduct with her initial council that sabotaged her case. We went with a big firm for second council which was the biggest mistake. They did not make time for us yet burned through the retainer with all the evidence but NO motivation to do the job and fight for her. Nick was able to get more accomplished in 24 hours of taking over then any other attorney. I can not express how grateful I am that he flew down a few days later and spend hours and hours with my sister. Regardless of the outcome at least we can rest comfortably that we had someone who went above and beyond and explored all options. I HIGHLY HIGHLY recommend Nick if you are in a tough spot and need help.read more
Mohsin qazi
Mohsin qazi
When I was faced with one of the most terrifying and unexpected situations in my life, I called Dr. Oberheiden. I had vetted other attorneys and came right back to him. His knowledge, expertise, and reassuring presence made the decision easy. Throughout my case, his level of communication was what I needed and expected. He constantly updated me on the status and progress of my case and was able to “talk me off the ledge” when the stress of it all would set in. He is simply the best of the best...there’s not a question about it.read more
Angela Lee
Angela Lee
Nick is a superb lawyer with exceptional skills and a formidable personality. Nick works harder, he thinks smarter, and he delivers faster than any lawyer you will ever find. Good, better, Nick!
Jacqueline Singleton
Jacqueline Singleton
1st class service. Atty. Iberheiden and Atty. Lynette Byrd were always available for us during the whole process of our Home Health Audit. Thank you so much!
Ed Orosa
Ed Orosa
I am a healthcare compliance consultant with almost 25 years of experience. The one advice I have for anyone seeking a lawyer with unbeatable healthcare law experience is to hire attorney Nick Oberheiden. For the past 8 years, I have worked with Nick on a variety of healthcare matters—from DEA compliance to DOL supervisory rules to setting up PT and pain management clinics. I have never once seen a client not being 100% intrigued by Nick’s proven expertise in the field of healthcare structuring and compliance. Dr. S.T.read more
Raft Consultants
Raft Consultants
Nick Oberheiden is a spectacular lawyer, a true life saver. Nick is simply the very best!
Michael P
Michael P
Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.
Marshall M
Marshall M
Great firm, with a great firm record of experienced healthcare and litigation attorneys.
Chris Anderson
Chris Anderson
Great attorney who will fight to protect your rights. I would recommend Nick to any friend or family member.
Gerrid Smith
Gerrid Smith

The matters that we handle include:

  • Internal Investigations and Corporate Compliance
  • Medical Necessity (Opioids, Billing & Coding) Defense
  • Billing & Audit Issues
  • ZPIC and Medicare Audits, Medicaid Fraud Issues
  • Anti-Kickback Counseling
  • False Claims Act Cases
  • Stark Law Audits
  • DEA Diversion Investigations
  • Private Insurance Patient File Audits
  • Government Investigations
  • Subpoenas from the Office of Inspector General
  • Civil Investigative Demands (CID)
  • Grand Jury Subpoenas

Why Is Compliance So Important?

Put simply, a robust and diligently observed compliance program kills criminal intent. After all, criminal fraud always requires some form of knowledge and intent.  Because the government will not take an X-Ray of your brain to determine whether you had “good” or “bad” intent, the only way to demonstrate that you should not be criminally charged, or otherwise be liable, is by showing your efforts to do things right.

Understanding that mistakes occur even in the best organized clinics and healthcare facilities, government agents will accept the fact that your documented compliance efforts are — as lawyers say — prima facie evidence that potential mistakes are truly accidental and not on purpose.  Without the Oberheiden PC compliance package you have essentially nothing to convince investigators that you did not intentionally make the mistakes they are investigating you for.  Just like you would not drive a car without your children wearing a seat belt, you should not run a business without making sure that you have compliant operations in place. Oberheiden P.C. offers significant protection for everyone in healthcare, including:

  • Addiction Outpatient Centers
  • Pharmacies & Compound Pharmacies
  • Hospitals & Surgery Centers
  • Laboratories & DNA Testing Centers
  • Home Health & Hospice Care Facilities
  • DOL & Workers Comp Physical Therapy Facilities
  • Physician Offices & Medical Practice Group (e.g. Pain Management, DPM)
  • Mental Health Providers (Psychologists, Psychiatrists, LPCs)
  • Dental Clinics (Pediatric Dentists, Medicaid Providers, Oral Surgeon)

Have you been charged with a crime?

Don’t delay. Learn about your rights.

Text Dr. Nick Oberheiden now!

(310) 873-8140

U.S. Justice Department Experience.

Many people talk about compliance. The problem, however, is that talking about compliance does not solve the problem.  True compliance, that is, compliance that will shield your business against charges and liability, means that you have diligently observed compliance policies, protocols, and training in place that will convince auditors or agents that your business is in fact compliant.  Just having some HIPAA policies or copying something from the internet will not do it for you. Compliance is not an area to be minimalistic. You will either have a real compliance program (and can enjoy the benefits of countering allegations, or a perception, of criminal intent) or you will enjoy no protection whatsoever.

We Understand Time Pressure.

Most clients call us in times of crisis.  Things need to move quickly either because there is a pending or expected investigation, audit deadline, or some other concern requiring a quick turn-around. Our team is located across the entire United States and no matter where you are, we can be with you in no time. We offer exclusive weekend consultations recognizing that even though compliance is your priority, you also have many other things to take care of during the week.  In general, the earlier you contact us, the better we can help you.  If you have concerns about your business or its operations, do not wait, call Oberheiden PC right now.  We are ready when you are.

 

Example 1: Healthcare Audit & ZPIC Audits

Years ago, an audit was a matter of routine, something every doctor could reasonably expect at some point during his/her career.  Today, receiving a healthcare audit is much more meaningful. When a clinic or a physician receives a healthcare audit nowadays, a preliminary decision has already been made that something is suspicious. For example, a physician may receive a patient record request because a computer analysis has shown that this physician is an “outlier” and bills more services than peers in the same geographical location. Similarly, a Medicare clinic under ZPIC audit cannot simply assume that the request for information is entirely random. Again, today’s audits are prefiltered and targeted. If you are subject to an audit, you should, from day one, consult with the Oberheiden PC team to make sure that the government’s concerns are identified and addressed immediately so that there is no ongoing perception of fraud, no referral to the U.S. Attorney’s Office, and no license revocations.  Act immediately, call us right away when you get an audit request.  Many criminal indictments may be avoidable if the clinic owner or the physician acts appropriately at the early stage of receiving the request. Here is a small selection of our recent case representations.

  • Comprehensive Compliance Analysis and Protection for Cardiologist in Defense of CMS Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Multi-Clinic Podiatrist in Defense of ZPIC Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Psychologist in Defense of Medicare Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Home Health Care Agency in Defense of ZPIC Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Chiropractor in Defense of P-Stim Medicare Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Pediatric Dentist in Defense of Medicaid Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Pharmacy in Defense of DEA Inspection and Audit. Audit Passed, No Referral, No Recoupment.
  • Comprehensive Compliance Analysis and Protection for Laboratory in Defense of OIG Medicare Audit. Audit Passed, No Referral, No Recoupment.
  • Dozens of more examples. Call us to inquire!

Example 2: Grand Jury Subpoena, OIG Subpoena & CIDs

Part of the government’s investigative arsenal is to issue subpoenas.  The three most common subpoenas are grand jury subpoenas, subpoenas issued by the Department of Health and Human Services (HHS-OIG), and the so-called Civil Investigative Demand (CID).   All three subpoena forms have in common that they typically request the production of enumerated corporate and financial documents such as business contracts, patient files, and bank account information. Here is a small selection of our recent case representations.

  • Whistleblower Defense of Dentist in OIG & FBI Investigation. Oberheiden P.C. Compliance Intervention and Defense: No Charges, No Liability.
  • Whistleblower Defense of Toxicology Laboratory: FBI Kickback Investigation. Oberheiden P.C. Compliance Intervention and Defense: No Charges, No Liability.
  • Whistleblower Defense of DNA Laboratory: Justice Department Declined to Continue the Case after Oberheiden PC Attorneys Conducted Internal Investigation that Addressed Government’s Concerns. No Charges, No Liability.
  • Civil Investigative Demand of Pharmacy: Justice Department Looked into Billing Schemes and Medically Unnecessary Prescriptions. Oberheiden P.C. Internal Investigation and Compliance Defense Package. No Charges, No Liability.
  • Civil Investigative Demand of Pharmacy: OIG Compound Fraud Investigation Was Resolved Through Oberheiden P.C. Compliance Assessment and Evaluation. No Charges, No Liability.
  • Grand Jury Subpoena of Surgeon: Complex Surgery Kickback Scheme. Oberheiden PC Compliance and Defense Intervention. No Charges, No Liability.
  • Grand Jury Subpoena of Billing Company: Federal Criminal Home Health Care Investigation. Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • Grand Jury Subpoena of Healthcare Marketing Group: Oberheiden PC Kickback Analysis and Compliance Defense. No Charges, No Liability.
  • Dozens of more examples. Call us to inquire!

Example 3: Anti-Kickback Counseling

What constitutes a kickback is not always clear.  In light of recent changes of healthcare laboratory laws (e.g., EKRA) and Travel Act prosecutions, it is pertinent to make sure that your clinic, your office, your healthcare contracts and your business operations stay up to date and are in fact compliant. Whether you are a surgeon contemplating an investment in a surgery center, a healthcare marketing specialist, or the owner of a pharmacy/home health care agency etc., the Anti-Kickback Statute may apply whenever referrals and compensation are involved.  Get the trusted advice from former DOJ healthcare fraud prosecutors, former OIG/DEA/FBI healthcare fraud special agents, and experienced attorneys and counselors to make sure your marketing fees and your financial arrangements will not get you in trouble. The Oberheiden PC attorneys have handled hundreds of kickback investigations and offer their front-line experience to all Oberheiden P.C. compliance clients. Here is a small selection of our recent case representations.

  • FBI/OIG Kickback Investigation for Surgeon: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • FBI/OIG Kickback Investigation of Pain Medicine Doctor: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • FBI/OIG Kickback Investigation against Internal Medicine Physician: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • FBI/OIG Kickback Investigation of Pharmacy: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • FBI/OIG Kickback Investigation of Compound Pharmacy: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • FBI/OIG Kickback Investigation of Chiropractor: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • OIG Subpoena Against Marketing Group: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • OIG Subpoena Against Dental Group: Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • Grand Jury Subpoena Against Healthcare Marketer. Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • Grand Jury Subpoena Against Physician. Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • CID Subpoena. Oberheiden P.C. Compliance Intervention: No Charges, No Liability.
  • Dozens of more examples. Call us to inquire!

Example 4: DEA Diversion and Controlled Substances Investigations

Team Leaders:

  • Dennis Wichern, Former Special Agent-in-Charge, DEA Chicago
  • Joe Lewis, Former Director of Enforcement, Pharmacy Board

Oberheiden P.C. has defended healthcare providers of all specialties and pharmacies throughout the United States from Seattle to Miami and from Boston to San Diego under audit by the DEA. Over and over again have we saved our clients’ professional licenses, avoided criminal referrals, and made sure that their reputations did not falter.  The success of our representations includes defenses against death penalty charges when DEA agents allege that our clients’ prescriptions caused or added to the death of a patient; similarly, with dozens of cases pending at any time, our compliance team has proven the effectiveness of our opioid protocols and diversion policies. If you are a nurse, a physician, or a pharmacy owner under DEA diversion investigation, please call us immediately.  Former DEA Special Agent in Charge Dennis Wichern and his Oberheiden PC team are immediately available to offer you decades of DEA experience. Here is a small selection of our recent case representations.

  • Pharmacy Executive Board (DEA Search Warrant): No ChargesKept License.
  • Pharmacy (DEA Inspection): No Charges.
  • Pharmacy (Tricare Audit): No Charges.
  • Pharmacy (Grand Jury Subpoena): No Charges.
  • Pharmacy (Compound Fraud Case): No Charges.
  • Pharmacy (CID Subpoena): No Charges.
  • Pharmacy (Request to Surrender DEA License): No Charges/Kept DEA License.
  • Representation of Various Dental Surgeons for Alleged DEA Violations. No Charges/Kept DEA License.
  • Family Medicine Physician (DEA Criminal Opioid Investigation): No Charges.
  • Internal Medicine Physician (DEA Criminal Opioid Investigation): No Charges.
  • Pain Management Doctor (DEA Criminal Opioid Investigation): No Charges.
  • Psychiatrist (DEA Criminal Opioid Investigation): No Charges.
  • Nurse (DEA Diversion Investigation): No Charges, Kept License.
  • Dozens of more examples. Call us to inquire!

Example 5: Dental Fraud Investigations

Team Leader:

  • Lynette S. Byrd, Former Assistant United States Attorney, U.S. Attorney’s Office

Dentists are more under attack by regulators and law enforcement agencies than ever before. The Department of Justice, the FBI, the OIG, the Medicaid Fraud Control Unit, and Attorney General offices nationwide have significantly expanded their scrutiny of dentists, dental surgeons, and pediatric dental specialists.  Oberheiden PC has responded to these audits (e.g., by DentaQuest, Medicaid Fraud Control Unit — MFCU) with a robust and successful defense strategy centered around the elimination of criminal intent. The Oberheiden PC Dental Fraud Prevention and Compliance Package has become a trusted response to inquiries into excessive billing patterns, billing for services not provided, billing for medically unnecessary services, lack of operational compliance, allegations of federal False Claims Act violations and many other issues unique and particular to the operations of pediatric dental clinics, Medicaid dentists, and oral surgeons.

The Oberheiden PC compliance approach is tailored to the specific needs of its dentist clients and is compelling evidence that our clients truly want to do it right. Here are some recent examples of our representations of dentists.

  • Whistleblower Defense of Dental Group: Oberheiden P.C. Compliance Intervention: No Charges. Attorney General and Justice Department Declined to Intervene. No Charges.
  • Whistleblower Defense of Dental Group: Oberheiden P.C. Compliance Intervention: No Charges. Attorney General and Justice Department Declined to Intervene. No Charges.
  • Whistleblower Defense of Dental Group: Oberheiden P.C. Compliance Intervention: No Charges. Attorney General and Justice Department Declined to Intervene. No Charges.
  • Dentist Accused of Medicaid Fraud. OIG Criminal Investigation. Oberheiden P.C. Compliance Intervention: No Charges.
  • Dentist Accused of Medicaid Fraud. FBI Criminal Investigation. Oberheiden P.C. Compliance Intervention: No Charges.
  • Dentist Accused of Medicaid Fraud. OIG Criminal Investigation. Oberheiden P.C. Compliance Intervention: No Charges.
  • Dentist Accused of Medicaid Fraud. FBI Criminal Investigation. Oberheiden P.C. Compliance Intervention: No Charges.
  • Federal Search Warrant against Dental Clinic. Oberheiden P.C. Compliance Intervention: No Charges.
  • Dozens of more examples. Call us to inquire!

Example 6: Home Health & Hospice Care (Form 485)

Home health and hospice agencies are notorious targets of FBI and OIG healthcare fraud investigations.  With several hundreds of home health agencies in cities like Houston, Miami, and Los Angeles alone, investigators maintain high scrutiny in three areas of concerns. The first one is medical necessity.  Many DOJ indictments accuse physicians and home health care agencies of providing medically unneeded services. The core problem in virtually all of these cases is that many medical providers, nursing directors, and business owners simply do not understand Form 485 and thus routinely deviate from the rigid homebound criteria.  Two, Medicare home health and hospice agencies must be careful how and through whom they recruit their patients. The government is critically examining compensation schemes structured as commissions, percentage, or “per referral” payments.  Three, separate and in addition to marketing, a great number of individuals get federally indicted each year for allegedly paying or receiving illegal kickbacks in connection with Medicare patients.  All three areas — and there are more — remain heavily enforced. If you own a home health agency or if you serve as a medical provider or supervisor, contact Oberheiden PC today and learn how our compliance package has successfully addressed civil and criminal investigations, avoided federal False Claims Act liability, and saved medical and nursing licenses across the United States.  Here is a small selection of our recent case representations.

  • Compliance Counseling and Comprehensive Training (Form 485) for Large Home Health Care Network in Defense of ZPIC Audit. No Referral, No Recoupment.
  • Compliance Counseling and Comprehensive Training (Form 485) for Hospice Care Agency in Defense of FBI/OIG Investigation. No Charges.
  • Compliance Counseling and Comprehensive Training for Home Health Care Agency in Defense of RAC AuditAudit Passed, No Referral, No Recoupment.
  • Compliance Counseling and Comprehensive Training for Home Health Care Agency in Defense of Federal Kickback InvestigationNo Referral, No Recoupment
  • Compliance Counseling and Comprehensive Training for Home Health Care Medical Provider in Defense of Federal Kickback InvestigationAudit Passed, No Referral, No Recoupment.
  • Dozens of more examples. Call us to inquire!

Example 7: Medical Necessity Investigations

Compliance can make a big difference when it comes to questions of medical necessity.  Typically, in a medical necessity case, the government will allege that a certain procedure, medication, or clinical service was not needed.  The Oberheiden PC compliance approach routinely defeats such arguments by demonstrating through our expert consultants (e.g. nationally recognized medical experts, certified billers, coders, certified fraud examiners, investigators, and former law enforcement personnel) that our client did practice within the accepted standard, followed his/her independent professional judgement, did follow medical necessity considerations, and did not have any intent, incentive, or motive to violate ethical or legal regulations.   Here is a small selection of our recent case representations.

  • Criminal Opioid Investigation (21 U.S.C. 841): Oberheiden P.C. Avoided Criminal Charges through Our Proven Opioid Protocol and Compliance Work. No Charges.
  • Criminal Opioid Investigation (21 U.S.C. 841): Oberheiden P.C. Avoided Criminal Charges through Our Proven Opioid Protocol and Compliance Work. No Charges.
  • Civil Opioid Investigation: Oberheiden P.C. Avoided Criminal Charges through Our Proven Opioid Protocol and Compliance Work. No Charges.
  • Medicare Fraud Investigations: Oberheiden P.C. Avoided Criminal Charges through Our Proven Opioid Protocol and Compliance Work. No Charges.
  • Medicaid Fraud Investigations: Oberheiden P.C. Avoided Criminal Charges through Our Proven Opioid Protocol and Compliance Work. No Charges.
  • Defense of Allegedly Unnecessary Medical Procedures, Surgeries, Tests, and Services of Dozens and Dozens of Physicians, Dentists, Psychologists, Chiropractors, and Healthcare Business Owners across the entire United States through a Comprehensive Billing and Coding Review, Internal Investigation and Corrective Measures. No Charges.
  • Dozens of more examples. Call us to inquire!

Example 8: Healthcare Marketing & Consulting Agreements

Whether you are a healthcare executive, marketing specialist, the owner of a home healthcare agency, or otherwise tied to the generation of leads in the healthcare industry, no business can survive without referrals and marketing.  What is unique about healthcare marketing is that it can matter quite a lot how such marketing is conducted or paid for.  Payments that are entirely appropriate in other industries (e.g. real estate commissions) may constitute federal felonies in the healthcare industry. A number of recent legislative and enforcement changes (e.g. EKRA, national healthcare fraud takedowns, Travel Act prosecutions) have further complicated the demarcation line between lawful marketing and illegal kickbacks for master distributors, contractors, and even employees.  Flaws in marketing and services agreements are common; at times, with draconian consequences.  If you have questions: (i) about bona fide employee issues, (ii) whether you can be (or actually are a) 1099 Independent Contractor, (iii) on how to structure MSOs and MSAs, and (iv) about whether other forms of consulting agreements that you may be a part of are in compliance with existing laws, you should call the Oberheiden PC Healthcare Law Compliance Team immediately.   We routinely advise our clients on:

  • W-2 and 1099 Marketing Contracts
  • Personal Services Contracts
  • Billing and Coding Contracts
  • MSO Arrangements
  • Medical Directorship Contracts
  • PPMs, Physician Ownership Models
  • Call Now for a Free & Confidential Consultation!

Example 9: Cardiologists and Internal Medicine Physicians (Medicare Billing Fraud)

Being a physician can be tough.  They are expected to be perfect doctors always getting the right diagnosis and fixing the patient’s problem while at the same time they are expected to be perfect business people making only correct decisions when it comes to hiring staff and billers for which these physicians are responsible (civilly and even criminally). Quickly, this dual responsibility between clinical orders and business decisions can become a challenge.  Each year, a vast number of physicians of all specialties are federally indicted because they allegedly ordered too many tests, did not perform the services billed for, up-coded, were tricked into a bad referral or physician-business joint venture, or are accused of some other variation of healthcare fraud. From our experience of over 1,000 healthcare fraud investigations, a lion’s share of these license revocations and criminal and civil liabilities are preventable.  If you are a physician, a dentist, a psychiatrist, or other healthcare provider, please do assume that you are in compliance just because you pay your staff to do things right.  At the end of the analysis, the provider is the one exposed and responsible.  Call the healthcare fraud prevention lawyers at Oberheiden PC today so that you can truly and comfortably say, I really did everything I could to do things right.  Here is a small selection of our recent case representations.

  • Cardiology Group (Stress Test Billing Fraud): FBI Investigated Our Client for Allegedly Excessive Testing. Oberheiden PC Intervened and Avoided Criminal Charges for all Physicians. No Charges.
  • Established Comprehensive Compliance Program for Group of Cardiologists in An Effort to Defend against federal False Claims Act Investigation and Liability. No Charges.
  • Oberheiden PC Compliance Program to Assist Dentist with Severe Billing Fraud Problems in Effort to Avoid Criminal Charges in Pending Investigation. No Charges.
  • Representation and Counseling of Internal Medicine Physician Group in Medicare Fraud Investigation. Oberheiden PC Billing and Compliance Defense. No Charges.
  • Call Now for a Free & Confidential Consultation!

Example 10: Mental Health Provider (Billing Audit)

Psychologists, psychiatrists, LPCs, and many other professional mental health providers routinely choose Oberheiden PC to receive guidance when it comes to responding to audits, resolving billing problems, or navigating through healthcare compliance challenges. The consultants and attorneys at Oberheiden PC have protected professionals from all across the country through difficult times, as the following examples show.  Notably, every single mental healthcare client of Oberheiden P.C. has avoided charges and maintained their professional license — our compliance packages work! Here is a small selection of our recent case representations.

  • Medicare Audit of Psychologist with 82% error rate, missing charts, missing notes: Oberheiden P.C. Compliance Intervention: No Charges, Passed the Audit.
  • Medicare Audit of Psychologist: Missing Notes, Missing Charts, Billing Issues. Oberheiden P.C. Compliance Defense. No Charges, Passed the Audit.
  • Private Insurance Audit of LPC. Five Years of Missing Files. Oberheiden P.C. Compliance Intervention: No ChargesPassed the Audit.
  • Dozens of more examples. Call us to inquire!

Example 11: Federal Workers Comp Clinics

Few things in healthcare are as esoteric and complex as running a federal or state workers compensation clinic.  Unknown to many, the rules governing state or federal compensation healthcare programs are fundamentally different when compared to the regulatory requirements of billing private insurance payors or Medicare.  As a consequence, many DOL clinics struggle with complying with the ever-changing maze of rules and regulations. In an environment as heavily and aggressively enforced as federal and state workers compensation programs, you, as a business owner or employed physician, can simply not afford being part of billing errors, submission of false claims, or violations of Union Labor Laws and bribery.  The DOL advisors at Oberheiden PC include former Justice Department prosecutors previously in charge of DOL healthcare prosecutions, attorneys that supervised U.S. Postal Inspection and OIG workers compensation investigations, true DOL and state workers compensation billing and collection experts, as well as lawyers with profound DOL compliance expertise. Oberheiden P.C. has advised and defended federal workers compensation clinics and its owners across the United States. Here is a small selection of our recent case representations.

  • Federal Criminal Defense of DOL Clinic (DOL Billing Fraud): Oberheiden P.C. Compliance Intervention: No Charges.
  • Federal Criminal Defense of DOL Clinic (Kickbacks, Public Corruption): Oberheiden P.C. Compliance Intervention: No Charges.
  • DOL Clinic (Kickbacks & Bribery Investigation): Oberheiden P.C. Compliance Intervention: No Charges.
  • Compliance Advice to DOL Federal Workers Compensation Physical Therapy and Rehabilitation Clinic (Texas): Prevented Federal False Claims Act
  • Compliance Advice to DOL Federal Workers Compensation Physical Therapy and Rehabilitation Clinic (Illinois): Prevented Federal False Claims Act
  • Compliance Advice to DOL Federal Workers Compensation Physical Therapy and Rehabilitation Clinic (Ohio): Prevented federal False Claims Act
  • Compliance Advice to DOL Federal Workers Compensation Physical Therapy and Rehabilitation Clinic (Florida): Prevented federal False Claims Act
  • Dozens of more examples. Call us to inquire!

Schedule a Confidential Initial Compliance Assessment with Our Federal Health Care Team

Talk To Us Before It’s Too Late

How can we help you? If your compliance program needs a refresh, if you are starting from scratch, or if you simply have questions about federal health care compliance, we encourage you to contact us for a complimentary initial compliance assessment.

To schedule an appointment at Oberheiden, P.C., please call 888-519-4897 or inquire online today.

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