Florida Hospice Fraud Defense Lawyers

Oberheiden, P.C. is a healthcare law firm with experience in regulatory compliance, corporate structuring, litigation, criminal and civil government investigations, and in criminal defense. Our Florida hospice fraud defense lawyers serve clients in Florida and surrounding areas. Members of our Healthcare Fraud Defense Team include talented attorneys with years of experience and with education from the nation’s best law schools, including Harvard and Yale.

If you’re being investigated for home healthcare or hospice fraud in the State of Florida, call Oberheiden, P.C. In these matters you should speak with a member of our Healthcare Fraud Defense Team. The initial call is free and confidential.

Florida Is Closely Monitored by the Federal Government

Florida is watched by the federal government’s Medicare Fraud Strike Force. It is one of fifteen areas in the nation with this level of surveillance. The Medicare Fraud Strike Force is a team of federal investigators and prosecutors from multiple government agencies. Its job is to monitor, investigate, and prosecute instances of healthcare fraud, including home healthcare and hospice fraud.

Home Healthcare and Hospice Fraud in Florida

Oberheiden, P.C. provides legal defenses for Florida area healthcare providers, hospice facilities, business owners, and home healthcare agencies. Our Florida hospice fraud defense attorneys have experience in:

• Corporate compliance,
• Internal investigations,
• Medicare audits,
• Recoupment questions and requests, and
• Civil government and criminal government inquiries,
• OIG subpoenas,
• Grand jury subpoenas,
• IRS investigations,
• Medicare and Medicaid fraud,
• Violations of the Anti-Kickback Statute, False Claims Act, and Stark Law,
• HIPAA compliance,
• DEA investigations,
• Qui tam defense,
• Certifications involving medical necessity,
• Billing inaccuracies,
• Overuse of services and equipment,
• RAC and ZPIC audits.

Oberheiden, P.C. partners with the National Association for Home Care & Hospice (NAHC), the National Center for Assisted Living (NCAL), the National Hospice and Palliative Care Organization (NHPCO), and other related programs. We know the requirements of certification and re-certification, clinical status decisions, respite care requirements, homebound assessments, medical necessity requisites, and plan of care conditions.

Civil and Criminal Penalties of Home Healthcare and Hospice Fraud in the State of Florida

Home healthcare and hospice fraud accusations are serious. You could be charged in civil or criminal court. Civil penalties can include:

• Fines of up to $11,000 per false claim,
• Recoupment of claims,
• Exclusion from federal healthcare programs,
• Non-payment of claims,
• Assigned treble damages, and
• Attorney fees.

Criminal penalties can include criminal fines in the hundreds of thousands of dollars, a criminal indictment, and prison time of:

• Up to 10 years for each count of fraud,
• Up to 20 years if the fraud resulted in serious bodily injury,
• Life in prison if the fraud resulted in death.

If you’re found guilty of incorrectly prescribing medications, improper supervision, or completing false certifications, you could be excluded from all federal healthcare programs, prohibited from reimbursement, and you could lose your professional license.

The Traits of the Right Florida Hospice Fraud Defense Lawyers

If accused of home healthcare or hospice fraud in the State of Florida, you must hire the right Florida hospice fraud defense lawyer. This type of allegation can ruin your business. Choosing the right attorney can improve your chance of defending against these charges. As you consider your options, note the following traits:

• A successful history of resolving healthcare audits and fraud inquiries. A Florida hospice fraud defense attorney should have a proven record of successfully negotiating complex healthcare fraud cases. He/she should have experience with various federal agencies, such as the OIG, DOJ, HHS, and IRS.
• Experienced litigators and trial lawyers. Federal prosecutors will know if your defense lawyer has a good reputation. Ask each potential lawyer how many healthcare fraud trials they’ve managed. Then ask how many resulted in neither civil, nor criminal penalties for their clients.
• Demonstrated knowledge of the rules and regulations related to home healthcare and hospice services. You don’t want to explain billing, coding, and assessment rules to a lawyer who has none of this experience.

Home Healthcare and Hospice Fraud Defenses for Florida Clients

Oberheiden, P.C. has experience with home healthcare and hospice fraud cases. A Florida hospice fraud defense attorney from our firm has a background in healthcare auditing and as former federal healthcare fraud investigators and prosecutors. We use a successful set of defenses for home healthcare and hospice fraud clients in Florida.

Immediate contact with federal prosecutors on your behalf. When under investigation for home healthcare or hospice fraud, you should not wait to secure legal counsel. The longer the federal government has to investigate, the larger the chance of criminal charges. Once retained, we contact federal prosecutors promptly to get answers to important questions. Typically, we get the answers to these questions within hours:

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

Proving that our clients made a mistake. Most cases in Florida begin because of a mistake made by an individual or a poor business decision. Few people set out to commit fraud of this type. The most common errors we notice include:

• Use of unqualified or overwhelmed staff,
• Negligence,
• Supervision errors, and
• Not keeping up with frequently changing rules.

The federal court system acknowledges that sometimes good people make mistakes. These mistakes should not lead to criminal punishments as long as steps are taken to correct them. This is why the federal government has the high burden of proof to show that you committed a crime and did so with intent. We review the evidence presented by the federal government to determine if it meets this standard. Our priority is to prove that our clients made a mistake but, did not act with criminal intent.

Showing that certifications were appropriately used. Most Florida investigations include an allegation that the owner of the business or the healthcare provider incorrectly certified or re-certified medical necessity. Oberheiden, P.C. uses known legal exceptions and delegation rules to prove that your actions were appropriate. The federal government is aware of these exceptions, but rarely brings them up in complaints or arguments. Oberheiden, P.C. uses industry authorities and our trial experience to explain the legal exceptions and delegation rules.

Protecting your professional image. A common concern of our clients is their professional image. They worry about how the public may view them based on these allegations. Oberheiden, P.C. is committed to defending you both inside and outside the courtroom. Sometimes, the media can present a biased or slanderous report. We address the issue and look for ways to correct the misinformation. Our objective is to protect your professional reputation.

A Florida hospice fraud defense attorney is available every day of the year for our clients. Call us directly, complete our contact form, or email us.