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Detroit Anti-Kickback Defense Attorneys

Oberheiden, P.C. has significant experience in defending medical professionals and business owners against accusations of Anti-Kickback violations. Our nationally recognized Healthcare Fraud Defense Group is headed by Dr. Nick Oberheiden. Dr. Oberheiden is a healthcare fraud defense attorney and managing principal of Oberheiden, P.C.

Detroit address – by appointment only:
500 Griswold St #2450
Detroit, MI 48226
313-462-7972

Detroit Anti-Kickback Investigations

Federal anti-kickback statute applies to healthcare providers and non-licensed individuals like business owners, marketers, and healthcare executives. It prohibits offering, paying, soliciting, or receiving kickbacks, bribes, or rebates, in cash or otherwise, directly or indirectly for referring patients to providers in return for:

  • An item or service covered by Medicare, Medicaid, or other federal healthcare programs such as Tricare, or patients covered by the Department of Labor;
  • Buying, leasing, or ordering any item, service, or facility covered by Medicare and other federal healthcare programs such as Medicaid, Department of Labor patients, and Tricare.

Physicians and business owners in Detroit are at the forefront of anti-kickback and healthcare fraud investigations. Today, Detroit is one of nine U.S. areas where the federal government has special task forces monitoring, investigating, and prosecuting Healthcare Fraud. Physicians and healthcare business owners in Detroit must be aware that prosecutions are more aggressive and frequent than elsewhere. Leading cases is the elite Healthcare Fraud Prevention and Enforcement Action Team (HEAT). HEAT is a coordinated federal task force of prosecutors from the DOJ, HHS, OIG, FBI, and others.

In Detroit, the U.S. government currently investigates:

  • physicians,
  • physician-owned entities,
  • pharmacies,
  • compound pharmacies,
  • medical device companies,
  • imaging centers,
  • labs,
  • home health, and
  • hospice care centers.

Are you the target of a federal healthcare investigation? Call our Detroit anti-kickback defense team now to avoid criminal prosecution.

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)

What Are the Penalties?

The federal Anti-Kickback Statute is a hybrid statute and violation of 42 U.S.C. § 1320a-7b. Prosecutions can be for a civil matter or a criminal offense.

    CIVIL PENALTIES:

    • recoupment requests,
    • non-payment of future claims,
    • civil fines of up to $ 50,000 per violation,
    • exclusion from federal healthcare programs,
    • treble damages, and
    • attorney fees.
    • CRIMINAL PENALTIES:

      • may be prosecuted as federal felonies,
      • up to 5 years in prison per count,
      • up to $ 25,000 in fines per occurrence, and
      • exclusion from federal government programs.

      PROGRAM EXCLUSION:

      • excluded from all federal healthcare programs,
      • prohibited from receiving reimbursement from any federal healthcare program, and
      • may face licensing actions and loss of hospital privileges.

      What the Government Must Prove

      In each federal Anti-Kickback inquiry, the government has to prove an illegal remuneration. Payments in exchange for inducing or rewarding referrals, to purchase, lease, order, or arrange for, or recommend the purchase, lease, or order of any good, facility, or service that may be paid for by a government program.

      Remuneration

      In this context, virtually anything of value amounts to illegal remuneration. The Anti-Kickback law goes into effect when goods like gifts, rebates, durable medical equipment, cash, donations, or consulting fees are on offer between parties. Broad in scope, the statute may be violated if only one purpose of a payment is to induce referrals.

      Intent

      Before the Patient Protection and Affordable Care Act (PPACA), there was a high burden of proof for illegal kickbacks. The government is no longer required to prove that a defendant intended to violate the Anti-Kickback statute. Positive knowledge and specific intent to violate kickback laws has been replaced with the finding that a defendant intended to violate the law by paying for Medicare or Medicaid business. Whether intent existed is left to judge or jury.

      How to Defeat the Allegations?

      Detroit Anti-Kickback Defense AttorneysOur attorneys have handled over 2,000 civil and criminal healthcare investigations and led more than two hundred criminal trials. Many of our attorneys come from senior positions within the Department of Justice. They share the experience, insights, and contacts as former federal prosecutors to fight for you in court. Every case presents its own challenges. Our defense strategies are successful time after time in Anti-Kickback cases.

      Avoiding Criminal Charges. Our top priority in each case is to avoid criminal charges for our clients. We work to get the case dismissed, to secure your professional license, to turn a felony into a misdemeanor, and to avoid jail time.

      Early Intervention. The importance of early case intervention by experienced defense counsel cannot be over-emphasized. An experienced anti-kickback attorney with the talent to carry out an effective defense strategy can halt an inquiry. Such an attorney can open dialogue with government officials and find a suitable solution. All this before the case gets out of control. Knowing what is on the line for our clients, we find answers to the following most pressing questions:

      • Why is the government investigating you?
      • What law enforcement agencies are involved?
      • Is the government planning to file criminal charges?
      • What is the government’s ultimate goal in the case?
      • What is a possible resolution to this case?

      We strive to provide our clients these answers immediately upon being hired.

      Safe Harbor Defenses. We remind the government that not every violation of the Anti-Kickback statute is unlawful. The law contains several safe harbor exceptions that make legal otherwise prohibited arrangements. Strict compliance with Safe Harbor regulations provide comfort that an arrangement will not violate the law. Failure to fit within a safe harbor does not always make an arrangement illegal. Among the most applied safe harbors are professional service agreements, space rental arrangements, equipment rental, personal services and management contracts, and the small investor safe harbor, see 42 C.F.R. § 1001.952(a)(2).

      Fair Market Value. When exchanging goods between referral sources and businesses, we have experts to demonstrate the business relationship meets fair market value and is reasonable for services provided. For example, we defended a business relationship where a referring physician received large amounts of monthly stipends. Our Detroit anti-kickback team showed that the amounts paid were valid under fair market value analysis. Our presentation turned the supposed illegal act into a perfectly legal arrangement.

      Oberheiden, P.C.

      The following summaries are outcomes accomplished for our clients.

      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.
      • Healthcare Fraud
        Result: No criminal charges.

      Our Detroit anti-kickback defense attorneys are available every day of the year. You can call, complete our contact form, or email us directly.

       

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