Austin Healthcare Fraud Defense Attorneys
Austin Healthcare Defense
Team Lead
Contact Nick701 Tillery Street Suite 12
Austin, TX 78702
512-883-1645
Just like the rest of the country, Austin, Texas is experiencing new heights of federal healthcare law enforcement. To protect your career and business, consult with a proven law firm of Austin healthcare fraud defense attorneys. The two focus groups for investigations are:
(1) Medicare providers like cardiologists, internal medicine physicians, home health and hospice agencies, and DME companies.
(2) Physicians and pharmacies that prescribe, fill, or administer controlled substances, in particular opioids.
If your practice is under audit, accused of medical fraud, under investigation for medical billing fraud or kickbacks, facing charges, or simply interested in preventive compliance measures, Oberheiden, P.C. can help. An experienced Austin healthcare fraud defense attorney is an essential advocate who can protect your rights and mitigate the severe consequences of healthcare fraud in Texas.
Experienced Austin Healthcare Fraud Defense Attorneys
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Oberheiden, P.C. is a Texas healthcare fraud defense firm with law offices in Dallas, Houston, and Central Texas, just outside Austin. We provide effective counsel to physicians, medical professionals, and health business owners against audits, investigations, and fraud accusations. Our attorneys are here to answer your questions in a free and confidential consultation.
Oberheiden, P.C. does not use junior lawyers or associates. Call us today to speak to former Justice Department officials and lawyers with experience in the area of health law and fraud defense.
Current Healthcare Fraud Investigations in Austin
Healthcare providers and businesses in Austin and surrounding communities should know their practice and operations are under increased scrutiny.
Oberheiden, P.C. has successfully defended many types of medical professionals against allegations of malpractice and misconduct. We routinely appear before Austin medical boards and the State of Texas Board of Pharmacy.
We work with:
- Pharmacies,
- Toxicology labs,
- Mental health groups,
- Psychiatrists,
- Psychologists,
- Dentists,
- Nurses, and
- Other Medicare and Medicaid providers throughout Texas.
We see the aggression in current healthcare investigations. The following types of health fraud allegations are among those most often prosecuted in Austin and Central Texas. These situations require early and vigorous intervention by experienced counsel.
- Prescription Drug Fraud. The government considers physicians and pharmacies as contributors to the national opioid crisis. It’s no secret the government has begun to deliver on its plan to target them more heavily. Federal prosecutors target doctors of pain management, internal medicine, family medicine, psychiatrists, and pharmacy owners for alleged violations of the Controlled Substances Act. Our experience in this area is unmatched. Several of our attorneys supervised DEA, online pharmacy, pharmacy, and opioid investigations for the Department of Justice. We confidently advise clients how to prevent becoming a government target. Or, if already named, how to defend against alleged charges.
- Anti-Kickback Statute (AKS). A number of Austin healthcare fraud investigations claim illegal financial ties between physicians and health partners. While the law is clear that physician joint ventures with non-physicians are not prohibited, defending against allegations of Anti-Kickback violations requires n Austin healthcare fraud defense lawyer who understands healthcare law. Plus, he or she must have the experience of negotiating with prosecutors and federal agents. Attorney Nick Oberheiden has resolved numerous civil and criminal AKS cases. He is known for his compelling presentations and his ability to explain misconceptions. If you are accused of AKS violations via subpoena, a letter from the government, or as part of a criminal case, don’t hesitate to contact Oberheiden, P.C. for reliable and proven advice.
- Stark Law. The Stark Law differs from the AKS in a number of ways. This law only applies to physicians, not to business owners. Stark Law prohibits a physician from referring business to any entity in which that physician or the physician’s close family member (e.g. spouse, sibling, etc.) has a financial interest. Stark Law is a civil statute and violations do not result in criminal charges or a prison term. That said, Stark Law is a federal healthcare fraud statute that is heavily enforced. Many Stark Law cases involve an OIG subpoena or some other form of notice from the United States government. Dr. Nick Oberheiden successfully resolves Stark Law allegations and defends his corporate and individual clients before U.S. Attorney Offices throughout the country. In each case, he prevented a referral of his client to the criminal division.
- Medicare Fraud & Medicaid Fraud. The Texas Attorney General and the federal Justice Department in Austin have intensified their investigations against providers and healthcare business owners in Austin and surrounding areas. Many providers with high numbers of Medicare or Medicaid patients have engaged Oberheiden, P.C. to defend against unjust fraud charges and wrongful allegations. Medicare and Medicaid fraud charges are serious and if accused of fraud, don’t hesitate to contact us now. The sooner we represent you, the higher the chances we can avoid or mitigate charges. Please call us today for a free and confidential consultation to discuss your situation. We are also available on weekends.
- The Federal False Claims Act. Perhaps the most frequently enforced healthcare statute is the federal False Claims Act. It’s a harsh statute penalizing submissions of false or fraudulent claims. Most FCA cases are civil in nature and seek recoupment of overpaid claims. A poorly defended case or more extreme violations of the FCA can lead to criminal prosecution. Nick Oberheiden has successfully represented clients in Texas against such accusations. None of our clients ended up with criminal charges. Many others resulted in no fees, no fines, and no impact on the business. Dr. Oberheiden understands what prompts False Claims Act cases and how to work with federal agencies. We resolve many allegations with clarifying explanations or compelling arguments. Allegations against you may stem from former employees, as they do in 8 out of 10 cases, or from competitors. In any situation, Oberheiden, P.C. will surprise them with a forceful action plan and counterattack. We are available to take your call or to schedule an appointment in the area with an Austin healthcare fraud defense attorney.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Trusted Legal Advice Delivered to the Austin Medical Community
If you or your practice is under government investigation or received notice from the U.S. Attorney’s Office in Austin, or the Western District of Texas, you should call Oberheiden, P.C. right away. Ask for our first impression of your case and ask us how we helped clients like you in the past. Often, the difference between prosecution and being left alone is the experience of the lawyer involved.
Oberheiden, P.C. will dedicate all resources to free you from fraud allegations. Call our Austin healthcare fraud defense lawyers today to discuss your case, including on weekends.
Important Questions Regarding Healthcare Fraud Investigations in Austin
Oberheiden, P.C. delivers in-depth knowledge of the rules regarding the health industry and proven results when fighting government investigations. Oberheiden, P.C. combines compelling negotiation and trial advocacy with noteworthy government experience. The following are among the most frequently asked questions from our Austin clients.
Q: Which federal government agencies conduct healthcare investigations in Austin?
Although not exclusively, most civil and criminal Austin healthcare fraud investigations on the federal level are conducted by the Department of Justice, the U.S. Attorney’s Office in Austin, as well as a number of specialized health fraud regulatory and enforcement agencies such as:
- Centers for Medicare and Medicaid Services (CMS)
- Department of Health and Human Services (HHS)
- Office of Inspector General (OIG)
- Federal Bureau of Investigation (FBI)
- Medicaid Fraud Control Unit (MFCU)
- U.S. Postal Service
- Medicare Fraud Strike Force (located in Houston & Dallas)
Our firm has substantial experience with all of these agencies as former federal prosecutors in charge and in our criminal defense work for Austin and Texas clients.
Q: Am I required to answer questions from federal agents?
Absolutely no. If federal agents ask for an interview, confirm your identity and insist on having an attorney present. This is normal and your constitutional right. It’s also the best way to avoid entanglement in a pending investigation. Statements to agents cannot be taken back. Moreover, agents will not always give you the true story. If the investigation is about you or someone else, or what your role is in the case. If they do share information, agents have the right to lie to you, which they often do for tactical reasons. If you lie to them, however, you commit a felony pursuant to 18 U.S.C. 1001. For these and many more reasons, consult with a healthcare fraud defense lawyer before making any statement to the government—even if you believe you have nothing to hide.
Q: If I know that my practice has overbilled Medicare, do I have to disclose this to the government?
Indeed, there is an option to report Medicare issues to CMS. However, such a voluntary self-disclosure should not be made without consulting an experienced Medicare fraud defense lawyer. Our attorneys have led providers through numerous self-disclosures. We have advised others against it to avoid self-incrimination and possible criminal prosecution. If you have concerns about your Medicare billing or have been contacted regarding an audit or government notice, call us today. At an early stage, much can be done to save you costs and time. Austin healthcare providers seeing or billing Medicare patients can count on Oberheiden, P.C.
Free Consultation With Dedicated Austin Healthcare Fraud Defense Lawyers
If you are or if you think you are under audit, investigation, or subject to professional board action, you should speak with senior attorneys at Oberheiden, P.C. We offer confidential and free consultations, including on weekends, or office visits, by appointment. Contact us today.
