Healthcare Law

Renowned Healthcare Attorneys for Federal Compliance and Defense

Oberheiden P.C. is a federal healthcare compliance and defense law firm with a national presence. Our healthcare attorneys represent entities such as pharmacies, national hospital chains, national toxicology groups, and spinal hardware and implant companies, as well as individual providers and talented healthcare entrepreneurs. If you have questions about your business’s or practice’s compliance obligations, or if your business or practice is being targeted in a federal healthcare audit or investigation, we can help ensure that you are fully protected.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Lynette S. Byrd
Lynette S. Byrd

Former Assistant U.S. Attorney

Partner

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Gamal Abdel-Hafiz
Gamal Abdel-Hafiz

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

About Our Healthcare Law Practice

Combined, our attorneys and other professionals have centuries of combined experience in the federal healthcare sector. This includes prior experience as U.S. Department of Justice (DOJ) healthcare fraud prosecutors and as senior investigative and law enforcement agents with the U.S. Department of Health and Human Services’ Office of Inspector General (DHHS OIG), the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and other agencies.

Our healthcare attorneys have successfully resolved thousands of federal healthcare audits and investigations, and we have helped individual providers and healthcare entities across the country avoid federal scrutiny through comprehensive compliance planning and implementation. We serve clients in all segments of the healthcare industry, and we assist with matters ranging from Medicare and Medicaid billing to electronic prescription compliance.

What We Do: Healthcare Compliance

Healthcare compliance presents an enormous burden for providers of all sizes. With annual healthcare expenditures in excess of $3.5 trillion, it is not hard to see why this the industry is so heavily regulated. However, the volume of healthcare business in the United States only tells part of the story. Healthcare fraud is a major issue as well – with estimates of fraud-related losses as high as $300 billion annually – and the federal government’s need to combat fraud means that all healthcare providers and businesses are subject to close and constant scrutiny.

Within our healthcare compliance practice, we serve our clients with respect to all aspects of complying with the laws, rules, and regulations that govern publicly-funded and privately-funded practice in the United States. This includes, but is not limited to, matters such as:

  • Medicare, Medicaid, Tricare, VA, and DOL Billing Compliance
  • Private Insurance Billing Compliance
  • Anti-Kickback Statute and Stark Law Compliance
  • Controlled Substances Act (CSA) and Drug Supply Chain Security Act (DSCSA) Compliance
  • Health Insurance Portability and Accountability Act (HIPAA) Compliance
  • Ambulatory Surgery Center (ASC) Compliance
  • Home Health and Hospice Compliance
  • Hospital Compliance
  • Pharmacy Compliance
  • CGX and PGX Compliance
  • Telemedicine and Electronic Prescription Compliance
  • Marketing Compliance
  • Employment and Tax Law Compliance
  • Physician, Nurse, and Administrative Personnel Training and Education

Thorough documentation is crucial to all aspects of healthcare compliance. From establishing initial compliance policies and procedures to demonstrating billing compliance and being prepared to prove that all personnel have received adequate compliance training, documentation is the key to avoiding liability in the event of an audit or investigation. Our attorneys work closely with our clients to develop custom-tailored policies and procedures, and we ensure that our clients have the tools they need to generate and retain compliance documentation on an ongoing basis.

Unfortunately, many healthcare providers make compliance mistakes that can – and should – be avoided, and this creates unnecessary exposure to the severe penalties for federal healthcare fraud. To learn more, we encourage you to read: The Top 12 Mistakes When it Comes to Healthcare Compliance.

What We Do: Healthcare Fraud Defense

In addition to representing healthcare providers and other entities with regard to compliance, we also provide defense representation for federal healthcare fraud audits and investigations. We provide defense representation for private civil litigation involving healthcare fraud allegations in federal district court as well. Our attorneys have extensive experience on both sides of all types of federal healthcare fraud enforcement matters, including, but not limited to:

  • Medicare and Medicaid (MAC, RAC, and UPIC) Audits
  • Tricare, VA, and DOL Audits
  • DHHS OIG Healthcare Fraud Investigations
  • DEA Drug Diversion and Prescription Drug Fraud Investigations
  • Investigations Involving the DOJ, FBI, and Other Federal Agencies

When defending clients against allegations (or potential allegations) of healthcare fraud, we take a proactive approach that focuses on achieving a favorable result as quickly as possible. We are intimately familiar with the practical ramifications of facing a federal healthcare fraud audit or investigation, and our goal in every case is to protect our client against facing federal charges. We are able to achieve this result the majority of the time (although we cannot guarantee any particular outcome), and none of our clients have been forced to cease operating as the result of a federal audit or investigation in which we have been involved.

Another focus of our federal healthcare fraud defense practice is keeping our clients’ cases civil in nature. Federal laws such as the False Claims Act and the Anti-Kickback Statute allow for both civil and criminal prosecution, and healthcare providers can (and often do) face prison time and other severe penalties in criminal matters. By keeping these penalties off of the table, we are able to mitigate our clients’ risk substantially, and we are able to limit the scope of the investigation in order to make defending against the government’s allegations far more manageable.

When is it Time to Speak with a Healthcare Lawyer?

While some circumstances will present an obvious and immediate need for legal representation, many healthcare providers and healthcare business executives struggle to decide when (and if) they should engage outside legal counsel. Unfortunately, many wait too long, and they face negative consequences as a result. We recommend scheduling a free initial consultation with one of our federal healthcare lawyers under the following types of circumstances:

  • You Are Starting a New Healthcare Business or Practice
  • You Have Not Recently Updated Your Business’s or Practice’s Healthcare Compliance Documentation
  • You are Preparing to Enter Into a Contractual Relationship with Another Provider, a Marketing Agency, or Another Third Party
  • You Have Received a Target Letter, Civil Investigative Demand (CID), or Subpoena
  • You Have Been Served with a Criminal Complaint
  • You Have Received Notice of an Impending Medicare, Medicaid, Tricare, VA, or DOL Audit
  • You Are Applying for DEA Registration or Renewal, or Facing a DEA Inspection or Investigation
  • You Have Been Contacted Directly Be Federal Agents from the DOJ, FBI, or DHHS OIG
  • You Have Any Other Reason to Be Concerned about Non-Compliance or a Potential Federal Inquiry

This list is not exhaustive, but rather is meant to highly the types of issues that will generally necessitate legal advice and representation. At Oberheiden P.C., we offer initial consultations that are completely free and confidential, so you have no reason to delay speaking with one of our attorneys if you have any questions or concerns.

About Our Talented Healthcare Lawyers, Compliance Consultants, and Other Professionals

At Oberheiden P.C., our firm is comprised not only of healthcare compliance and defense lawyers, but also compliance consultants and other professionals. Crucially, all of these professionals are senior-level, with many having 20 to 30 years of experience or more. Unlike other law firms, we do not employ junior associates or paralegals, as we prefer instead to have our clients work one-on-one with our senior attorneys and consultants at all times.

When it comes to federal healthcare compliance and defense, your choice of representation matters immensely. Choosing a law firm with a proven record of consistent success in the federal healthcare sector can be the difference between avoiding charges and facing a criminal conviction at trial. We believe our attorneys’ and other professionals’ experience is one of our firm’s greatest assets. When you choose Oberheiden P.C., you will receive advice and representation from professionals including:

  • Former Senior Trial Attorneys with the U.S. Department of Justice
  • Former U.S. Attorneys and Assistant U.S. Attorneys
  • Former Special Agents, Supervisory Special Agents, and Assistant Special Agents-in-Charge with the DOJ, DHHS OIG, and FBI
  • Former Diversion Investigators and Program Managers with the DEA
  • Former High-Ranking Agents with the Department of Defense (DOD), Internal Revenue Service Criminal Investigations (IRS-CI), Food and Drug Administration (FDA), and Other Agencies

Our clients have direct access to our senior attorneys, consultants, and other professionals by phone and email, and we make ourselves available to our clients 24/7 when necessary. Meet the attorneys and former federal agents at Oberheiden P.C. who protect healthcare providers nationwide against federal charges.

Get Started with a Free and Confidential Consultation at Oberheiden P.C.

If you have questions about federal healthcare compliance, or if you need defense representation for a federal healthcare fraud matter, we encourage you to schedule a free and confidential consultation at Oberheiden P.C. We serve healthcare providers and businesses nationwide in all federal compliance and defense matters. To speak with one of our senior healthcare attorneys in confidence, call 888-680-1745 or tell us how we can help online now.

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