Lawyers for Correctional Healthcare Facilities - Federal Lawyer
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Lawyers for Correctional Healthcare Facilities

Our Lawyers Serve as Compliance and Defense Counsel for Correctional Healthcare Facilities in the United States

Lynette Byrd
Attorney Lynette S. Byrd
Correctional Healthcare Facilities Team Lead
Former DOJ Attorney
envelope icon Contact Lynette

While correctional healthcare facilities face many of the same compliance challenges as other facilities in the healthcare industry, they face many unique compliance challenges as well. They also face a variety of non-compliance-related risks, and failure to manage these risks effectively can lead to substantial liability, loss of government contracts, and other severe consequences.

At Oberheiden P.C., we assist correctional healthcare facilities in the U.S. with all aspects of federal compliance. Our lawyers also represent correctional healthcare facilities during federal audits and investigations and in all types of federal litigation. From billing and recordkeeping to federal healthcare fraud investigations to medical malpractice claim and wrongful death lawsuits, we provide full-service representation, and our lawyers for correctional healthcare facilities are available to provide advice and representation on an emergency basis when necessary.

Our Services for Correctional Healthcare Facilities

Whether you are seeking to engage outside general counsel for your correctional healthcare facility or your facility needs representation for a specific matter, we can provide a custom-tailored solution. In all matters, we work closely with our clients to develop and execute strategies that are designed to meet their needs without causing them to incur unnecessary costs or delays. Some examples of the services our lawyers provide to correctional healthcare facilities include:

Federal Healthcare Compliance

The federal healthcare laws and regulations impose extensive and detailed requirements for correctional healthcare facilities to provide adequate medical care in correctional facilities. To mitigate their risk of facing federal scrutiny—and to ensure they are prepared to withstand federal scrutiny when necessary—correctional healthcare facilities must take a comprehensive and proactive approach to federal healthcare compliance management. We ensure that our clients have the safeguards they need through:

  • Conducting federal healthcare compliance needs assessments
  • Drafting federal healthcare compliance policies and procedures
  • Assisting with federal healthcare compliance program implementation and training
  • Assisting with federal healthcare compliance program monitoring, auditing, and enforcement
  • Providing assistance with compliance documentation

All of these steps are equally important. To mitigate their compliance-related risk effectively, correctional healthcare facilities must not only implement and maintain custom-tailored federal healthcare compliance programs, but they must document their compliance efforts as well. When facing scrutiny from the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG) or other federal authorities, having clear documentation of compliance readily available is one of the most effective (and most efficient) ways to avoid unnecessary consequences.

Federal Healthcare Audit and Investigation Defense

Like all federally regulated healthcare providers, correctional healthcare facilities are subject to both compliance audits and federal law enforcement investigations. When facing any type of scrutiny under the federal healthcare laws and regulations, it is imperative that facilities are prepared to defend themselves effectively. During these inquiries, the focus is on identifying instances of noncompliance, and it is up to targeted facilities to demonstrate that enforcement action is unwarranted.

Along with helping ensure that correctional healthcare facilities are prepared to face audits and investigations, we also serve as defense counsel when these facilities are facing scrutiny. We oversee the entire process, and we intervene as necessary to ensure that auditors and investigators do not overreach or reach unjustified conclusions. Our lawyers for correctional healthcare facilities are intimately familiar with the relevant laws, rules, and procedures, and they rely on experience both within the federal government and in the private sector to protect our clients as fully and efficiently as possible.

Federal Contracting Compliance and Defense

In addition to representing correctional healthcare facilities in healthcare-related matters, we also represent these facilities in federal contracting matters. Here too, this includes both compliance and defense.

From big rigging allegations to allegations of failing to comply with the terms of a correctional healthcare facility’s contract, numerous issues in the federal contracting realm can create exposure to substantial liability. These same issues can expose facilities’ owners and executives to criminal prosecution in some cases as well. This is another area in which our lawyers have extensive experience on both sides of federal enforcement, and it is another area in which we can provide efficient, comprehensive, and effective representation.

Civil Litigation Defense

Our lawyers also serve as defense counsel for correctional healthcare facilities facing litigation outside of the federal enforcement realm. We handle all types of litigation, both directly on behalf of correctional healthcare facilities and through their insurers. Representative examples of the types of cases our lawyers handle include:

  • Medical malpractice claims
  • Inadequate medical care or deliberate indifference claims
  • Other negligence-based claims for personal injuries and wrongful death
  • Unlawful detention and excessive force claims
  • Cruel and unusual punishment claims
  • Insurance and billing fraud claims

General Corporate Compliance and Risk Management

Our lawyers also represent correctional healthcare facilities in the areas of general corporate compliance and risk management. A wide range of issues can expose these facilities to substantial liability, and internal disputes and other corporate issues can require skilled legal counsel to effectively mitigate the risks involved. Along with the matters discussed above, at Oberheiden P.C. we also represent correctional healthcare facilities in matters such as:

  • Corporate ownership and control disputes
  • Insurance coverage disputes
  • Licensing and other regulatory matters
  • Employment, subcontractor, and vendor-related matters
  • Privacy, cybersecurity, and related issues

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Why Choose Oberheiden P.C.?

Due to the substantial risks that correctional healthcare facilities face on a day-to-day basis, experienced, insightful, and forward-thinking legal counsel is essential. So, why should you choose Oberheiden P.C.?

1. Our Former Federal Prosecutors and Federal Agents

Many of our lawyers had long careers at the U.S. Department of Justice (DOJ) before entering private practice. Our team also includes consultants who previously served in high-ranking positions at the HHS OIG, Federal Bureau of Investigation (FBI), and other federal agencies.

2. Our Focus on Federal Compliance and Defense

A substantial portion of our practice is devoted to representing clients in complex federal compliance and defense matters. With our extensive experience in both federal healthcare compliance and federal contracting compliance, we offer the insights correctional healthcare facilities need to manage their operations with confidence.

3. Our Deep Experience in All Relevant Practice Areas

From federal healthcare fraud investigations to privacy-related issues and civil litigation, we have deep experience in all relevant practice areas. This allows us to offer full-service legal representation to correctional healthcare facilities—allowing our clients to consolidate their legal services and realize efficiencies in the process.

FAQs: Federal Compliance and Risk Management for Correctional Healthcare Facilities

What Are Correctional Healthcare Facilities’ Federal Compliance Obligations?

Correctional healthcare facilities have an extremely long list of federal compliance obligations. These include healthcare-related obligations, federal contracting-related obligations, and federal privacy-related obligations—just to name a few. As overlooking any compliance obligations can expose correctional healthcare facilities to audits, investigations, and litigation, an informed, strategic, and comprehensive approach to federal compliance is essential.

What Are Some of the Most Common Issues that Lead to Federal Scrutiny of Correctional Healthcare Facilities?

Numerous issues can put correctional healthcare facilities at risk for facing federal scrutiny. These include not only healthcare-related issues, but also federal contracting issues and even issues involving inmates’ constitutional rights. At Oberheiden P.C., we have the experience and insights required to help correctional healthcare facilities effectively manage all aspects of federal compliance.

What Are Some of the Most Common Issues that Lead to Litigation for Correctional Healthcare Facilities?

Billing issues, recordkeeping issues, and allegations of malpractice and mistreatment are among the most common issues that lead to litigation for correctional healthcare facilities. However, these are just a few of numerous examples. Correctional healthcare facilities face an extremely wide array of litigation risks, and managing these risks effectively requires a custom-tailored and proactive approach.

How Can Correctional Healthcare Facilities Manage Compliance Effectively and Efficiently?

Correctional healthcare facilities can manage compliance effectively and efficiently by engaging a law firm that has specific—and extensive—experience in their many areas of need. With our firm’s focus on federal compliance and defense, and with our experience representing a wide range of healthcare providers and federal contractors, we are uniquely positioned to serve as compliance counsel for correctional healthcare facilities.

What Should I Do if Auditors or Federal Agents Are Looking Into My Correctional Healthcare Facility?

If auditors or federal agents are looking into your correctional healthcare facility, you should engage experienced defense counsel promptly. Audits and investigations can present substantial risks—including risks for both civil and criminal penalties. Once you engage Oberheiden P.C., our lawyers will work quickly to assess your facility’s potential exposure and build an informed defense strategy, and then we will work to resolve the audit or investigation as quickly and favorably as possible.


Discuss Your Correctional Healthcare Facility’s Needs with a Senior Lawyer at Oberheiden P.C.

If you would like to know more about our legal representation of correctional healthcare facilities, we invite you to get in touch. Once you do, we will arrange for you to speak with one of our senior lawyers in confidence as soon as possible. To schedule a complimentary initial consultation at Oberheiden P.C., call 888-680-1745 or tell us how we can reach you online today.

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