As a nurse, your license and reputation mean everything. Our lawyers can help you avoid risky mistakes and fight costly allegations in disciplinary proceedings, malpractice litigation, and federal civil and criminal matters.
Nurses play a critical role in our nation’s health care system. As a nurse, you are a key member of your patients’ care teams, and you offer indispensable services as a patient advocate and care provider. However, your role also carries with it certain risks. In today’s litigious environment, even a single mistake can threaten your license, your reputation, and perhaps even your entire career.
At Oberheiden, P.C., we are passionate about helping nurses and other health care practitioners thrive. We want you to feel confident in your practice so that you can stay focused on what matters most: meeting your patients’ needs. We offer comprehensive compliance counseling for all aspects of nursing practice, and we provide strategic and straightforward defense representation for nursing board, nursing malpractice, and federal law enforcement matters.
To date, we have represented nurses and other health care practitioners in more than 45 states across the country. Our team of lawyers and consultants offers centuries of combined experience in health care-related matters ranging from professional license defense to Anti-Kickback Statute fraud investigations. We have extensive experience working with nurses in all fields, including:
- Certified Nursing Assistants (CNAs)
- Licensed Practical Nurses (LPNs)
- Registered Nurses (RNs)
- Advanced Practice Nurses (APNs)
- Advanced Practice Registered Nurses (APRNs)
- Advanced Registered Nurse Practitioners (ARNPs)
Our Services for CNAs, LPNs, RNs, and ARNPs
Like all health care practitioners, nurses face legal issues on a day-to-day basis. Even if you are not constantly thinking about the legal implications of your practice, they exist in the background of almost everything you do. From the decisions you make regarding patient care to the medical records you create, even simple mistakes and oversights have the potential for serious legal ramifications. Employment-related matters, criminal matters, and other legal matters can all have serious impacts on your nursing career as well; and, whether you are considering a new job or facing a Drug Enforcement Administration (DEA) investigation, you need to make informed decisions with the benefit of experienced legal representation.
We offer comprehensive legal services to nurses in all fields. Whether you have questions about patient care or Medicare billing, or you need a lawyer for an administrative, civil, or criminal matter, we can help you. Our practice encompasses the following areas:
- Licensing and Disciplinary Matters
- Medical Records Compliance
- Billing and Coding Compliance
- Anti-Kickback Statute and Stark Law Compliance
- DEA Defense (Prescription Drug Investigations)
- Federal Civil and Criminal Investigations
- Nursing Malpractice Defense
- Impairment Program Issues
- National Practitioner Data Bank (NPDB) Disputes
- Employment Law
Licensing and Disciplinary Matters
Whether you have been denied a nursing license, you are facing issues with regard to renewing your license, or your license is potentially at risk due to a patient complaint or alleged ethics violation, our lawyers can help you protect your right to practice. We assist nurses with all forms of licensing and disciplinary matters, including administrative hearings before state nursing boards and other licensing authorities. If you have lost your license and are seeking to restore it, we can explore all options for regaining your nursing credentials.
Medical Records Compliance
Medical records compliance is a key legal issue for all types of health care practitioners. As a nurse, you are responsible for creating and maintaining accurate patient records, and you are integral to your practice’s compliance with the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, and other state and federal statutes. We can help you understand your obligations and where your greatest risks lie, and we can help you implement a strategy for avoiding potentially costly mistakes.
Billing and Coding Compliance
Billing and coding compliance is a shared responsibility among all members of federally-funded health care practices as well. If your practice bills Medicare, Medicaid, Tricare, or any of the U.S. Department of Labor’s (DOL) health care benefit programs, then you need to knowledgeable about the rules and regulations that apply to the services you provide. Overbilling, improperly describing your services, billing for “medically-unnecessary” services, and various other mistakes can trigger civil or criminal liability under the False Claims Act and other federal laws.
Anti-Kickback Statute and Stark Law Compliance
The Anti-Kickback Statute and the Stark Law impose substantial penalties for nurses, doctors, and other practitioners who engage in unlawful transactions in relation to program beneficiary referrals (i.e. Medicare, Medicaid, Tricare, and DOL patients). Offering, paying, soliciting, and accepting illegal payments in transactions with physicians, pharmacists, durable medical equipment (DME) companies, pharmaceutical companies, and other entities can lead to civil or criminal prosecution and may trigger disciplinary licensing action as well.
DEA Defense (Prescription Drug Investigations)
The DEA aggressively enforces the Controlled Substances Act (CSA) against health care providers, including nurses at all levels and in all specialties. If you are accused of diverting opioid medications, stealing prescription drugs, forging prescriptions, improperly administering prescription medications, or any other drug-related offense, you could be at risk for substantial fines and long-term imprisonment. Our lawyers and DEA consultants can help you understand your obligations under the CSA, help you avoid mistakes, and defend you against allegations of criminal conduct if necessary.
Federal Civil and Criminal Investigations
Our lawyers represent nurses and other practitioners in federal civil and criminal investigations involving the False Claims Act, the Anti-Kickback Statute, the Stark Law, the CSA, and all other pertinent federal laws. We have significant experience defending clients accused of billing and coding fraud (federal health care fraud), prescription drug crimes, illegal kickback and referral fee schemes, and other health care-related offenses. If you are targeted by the DEA, the DOL, the U.S. Department of Justice (DOJ), the Office of Inspector General (OIG), the Centers for Medicare and Medicaid Services (CMS), or any other federal agency, prompt intervention and a proactive defense will be critical to avoiding unnecessary consequences.
Nursing Malpractice Defense
Malpractice claims targeting nurses are on the rise. If you want to be sure that you are protected in the event that you get sued, if you need to prepare for the possibility of a malpractice claim, or if you are already facing allegations from a patient, we can help you. We can use our experience in the health care field to advise you of potential risks and defense strategies, and we can work closely with you and your insurer to vigorously dispute any allegations of impropriety.
Impairment Program Issues
If you are being asked (or forced) to participate in an impairment program due to allegations of alcohol or drug abuse, it is important that you understand the consequences involved. Getting out of these types of programs can prove to be extraordinarily challenging; and, once you are in one of these programs, the future of your nursing career will largely be out of your hands. Our lawyers can thoroughly assess your situation, determine what options you have available, and represent you in seeking a favorable resolution.
National Practitioner Data Bank (NPDB) Disputes
Our lawyers also represent nurses and other practitioners in matters involving the National Practitioner Data Bank (NPDB). If you have had an unfavorable report filed against you, we can dispute the report on your behalf, taking your case to the NPDB’s Dispute Resolution program if necessary.
Our employment law services include review and negotiation of employment contracts and legal representation for credentialing matters, severance negotiations, harassment and discrimination claims, wrongful termination claims, and other similar types of issues. We can also assist you if you are facing disciplinary action or another form of retaliation for filing a whistleblower claim.
Why Do Nurses Nationwide Choose Oberheiden, P.C.?
Regardless of your legal needs, your choice of legal representation matters. So, why do nurses nationwide trust the federal health care lawyers and nursing compliance consultants at Oberheiden, P.C.?
- Our Focus – Our practice focuses on federal health care law compliance and enforcement, and we are committed to helping nurses and other practitioners avoid practice-threatening penalties.
- Our Experience – Our lawyers and consultants have centuries of combined experience, including prior experience working for the DOJ, the DEA, and other federal authorities
- Our Attention – From identifying our clients’ areas of risk to finding solutions that meet their practice-specific needs, we work closely with our clients and leave nothing to chance.
- Our Accessibility – Our lawyers and consultants make themselves available to our clients on an as-needed basis. If you need to talk, we are here for you.
- Our Results – We have an extensive track record of helping our clients avoid legal issues through compliance and avoid charges during audits and investigations.
Schedule a Complimentary Initial Consultation at Oberheiden, P.C.
If you would like more information about our firm’s legal services for nurses, we encourage you to contact us for a complimentary initial consultation. To speak with a member of our federal health care team in confidence, call us at (214) 469-9009 or request an appointment online today.