California Hospice Fraud Defense Attorneys

Oberheiden, P.C. is a healthcare law firm with a highly qualified team of California hospice fraud defense attorneys who have experience in areas including:

• Regulatory compliance,
• Corporate structuring,
• Litigation,
• Civil government investigations,
• Criminal government investigations, and
• Criminal defense.

Our California hospice fraud defense lawyers serve clients in the State of California and surrounding areas.

All members of our Healthcare Fraud Defense Team are talented attorneys with years of experience and education from top law schools. Call Oberheiden, P.C. now to speak with a member of our Healthcare Fraud Defense Team if you’re under investigation for home healthcare or hospice fraud. Your initial call is free and confidential.

Hospices in California Are Closely Watched by the Federal Government

Hospices in California are closely watched by the federal government’s coordinated Medicare Fraud Strike Force. California is one of fifteen areas in the nation under this close monitoring. The Medicare Fraud Strike Force includes members of several federal agencies, and its job is to monitor, investigate, and prosecute healthcare fraud, including home healthcare and hospice fraud.

Home Healthcare and Hospice Fraud Investigations in California

Our attorneys have significant experience providing legal representation to hospice facilities, home healthcare agencies, and their owners and providers in California and other states across the country. We have experience in or can help with the following:

• OIG subpoenas
• Grand jury subpoenas
• Medicare fraud
• Medicaid fraud
• Violations of the Anti-Kickback Statute
• Violations of the False Claims Act
• Qui tam defense
• Violations of Stark Law (Self-Referral Law)
• HIPAA compliance
• DEA investigations
• Certifications involving medical necessity
• Billing inaccuracies
• Overbilling
• Overuse of services
• Overuse of equipment
• RAC audits
• ZPIC audits
• IRS investigations

We know the requirements for certification, determination of clinical status, respite care requirements, homebound assessments, and plan of care reports. We also know the consequences hospices and home health facilities can face when targeted by the federal government, and we are committed to protecting our clients by all means available.

Civil and Criminal Penalties for Home Healthcare and Hospice Fraud

Home healthcare and hospice fraud charges pose serious risks. Facilities and their owners can face charges in civil or criminal court. Civil penalties may include:

• Civil fines of up to $11,000 per false claim,
• Recoupment of those claims,
• Exclusion from federal healthcare programs,
• Non-payment of claims,
• Assignment of treble damages, and
• Attorney fees on behalf of the federal government.

Criminal penalties may include criminal fines in the hundreds of thousands of dollars and a federal prison sentence of:

• Up to 10 years for each count of fraud,
• Up to 20 years if the fraud results in serious bodily injury,
• A life sentence if the fraud resulted in death.

If found guilty of falsely prescribing medications, poor supervision, or giving false information for medical necessity, there are serious outcomes. You could lose your professional license, face exclusion from federal healthcare programs, and restriction from receiving payments for claims.

Choosing a California Hospice Fraud Defense Lawyer

Home healthcare or hospice fraud cases in California require experienced legal representation. Reputable law firms practicing in the area of federal healthcare law can provide the representation necessary to handle these complex cases. In these cases, allegations can do more than destroy your career. They can also lead to prison time and other consequences. Hiring an experienced California hospice fraud defense attorney will improve your chances of avoiding unnecessary consequences.

As you research defense attorneys in California, look for the following key talents:

1. Demonstrated familiarity with the rules and regulations related to home healthcare and hospice care. You don’t have time to explain proper coding, and billing practices, or certification rules to a lawyer who doesn’t have this experience.
2. A successful history of resolving healthcare audits and healthcare fraud investigations. Additionally, they should have a history of successfully managing complex fraud cases involving federal agencies, such as the OIG, DOJ, HHS, and IRS.
3. Experienced litigators and trial lawyers. Federal prosecutors will know your California hospice fraud defense lawyer’s reputation. Ask each candidate how many healthcare fraud trials he/she has managed. And, how many resulted in neither civil, nor criminal penalties for their clients.

Winning Home Healthcare and Hospice Fraud Defenses

Oberheiden, P.C. has provided legal defense in hundreds of home healthcare and hospice fraud cases. Our firm has extensive experience representing healthcare providers in these complex legal issues. This allows each California hospice fraud defense attorney to develop key home healthcare and hospice fraud defenses.

Contact with federal prosecutors. Those under suspicion of home health or hospice fraud should not wait to retain a defense attorney. The sooner you have legal counsel, the faster we can work to minimize your risk of criminal charges. Once retained, we contact federal prosecutors on your behalf right away. We typically get answers to some of these most important questions related to your case within a few hours:

• Why was the investigation started?
• Is the investigation a civil or criminal matter?
• Are you facing federal prison time?
• What can be done to resolve the matter?

Those under suspicion of home health or hospice fraud should not wait to retain a California hospice fraud defense attorney. Waiting too long to call can mean serious consequences now and in the future.

Showing there was no criminal intent. Many California home healthcare and hospice fraud cases begin with a simple mistake. Sometimes, a quickly growing healthcare practice makes a poor decision. Many California home healthcare and hospice fraud cases begin with a situation like this. The most common issues causing these situations are:

• The use of unqualified or overwhelmed staff,
• Negligence,
• Supervision errors, and
• Being unaware of constantly changing rules.

Thankfully, our court system acknowledges that sometimes good people make mistakes. These mistakes should be corrected; but, they should not lead you to face criminal punishments. This is why the federal government has an incredibly high burden of proof to meet to show that you committed a crime and acted with the intent to commit a crime. Our objective is to show that our clients made a mistake and did not commit a crime.

Proper use of certifications. A common allegation made in California home healthcare and hospice fraud probes is that the business owner or the healthcare provider did not properly certify or re-certify medical necessity. Oberheiden, P.C. uses known legal exceptions and delegation rules to prove that your actions were proper. The federal government is aware of these exceptions, but rarely adds them to complaints or arguments. Oberheiden, P.C. uses industry authorities and our trial experience to show the legal exceptions and delegation rules to a judge or jury.

Working to defend your reputation. Oberheiden, P.C. understands how these allegations can destroy your professional reputation. If the media releases a biased report, we will intervene. We address slander and will seek to correct false information. We work to protect your professional reputation.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

Additional Pages for California

• California federal grand jury subpoena defense
• California workers compensation fraud defense
• California healthcare fraud defense
• California False Claims Act defense
• California medical license defense
• California Medicare fraud defense
• California Medicare penalties