McAllen Hospice Fraud Attorneys

Oberheiden, P.C. is a healthcare law defense firm with experience in regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Our firm features talented attorneys with years of relevant experience. Many have educations from the country’s best schools such as Harvard and Yale Law Schools. Our McAllen hospice fraud attorneys serve clients in McAllen and throughout Texas.

If you’re under investigation for home healthcare or hospice fraud in McAllen, Texas or the surrounding areas, call the Oberheiden, P.C. today. We are a Texas law firm with expertise in:

• OIG and grand jury subpoenas,
• Medicare and Tricare audits,
• Fraud allegation defense,
• Internal investigations,
• Compliance programs,
• Qui tam defense,
• Protection of assets,
• Criminal defense, and
• Jury trials.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. He provides legal assistance to clients in throughout Texas. Dr. Oberheiden is a healthcare fraud defense attorney and is the managing partner of Oberheiden, P.C.

McAllen, Texas Is Monitored by the Medicare Fraud Strike Force

McAllen, Texas is monitored directly by the Medicare Fraud Strike Force. It’s only one of fifteen areas in the nation under direct watch by one of these teams. The Medicare Fraud Strike Force is a team of federal investigators and prosecutors from various federal agencies. Their purpose is to monitor, investigate, and prosecute cases of alleged healthcare fraud.

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)

Home Healthcare and Hospice Fraud in McAllen, Texas

Oberheiden, P.C. provides home healthcare and hospice fraud defense counsel to hospice facilities, home healthcare businesses, business owners, and healthcare providers in McAllen, Texas and the surrounding areas. Our McAllen hospice fraud attorneys have extensive experience handling:

• OIG subpoenas
• Grand jury subpoenas
• Medicare fraud
• Medicaid fraud

• Alleged Tricare fraud

• Violations of the Anti-Kickback Statute

• Alleged False Claims Act violations

• Qui tam defense

• Stark Law violations (Self-Referral Law)

• HIPAA compliance
• DEA investigations
• Certifications involving medical necessity
• Inaccuracies in billing
• Overbilling
• Overuse of medical services
• Overuse of medical equipment
• RAC audits
• ZPIC audits
• IRS investigations

Oberheiden, P.C. partners with the National Association for Home Care & Hospice (NAHC), the National Hospice and Palliative Care Organization (NHPCO), the National Center for Assisted Living (NCAL), and other related home healthcare and hospice programs. We are familiar with the requirements of certification, re-certification, determination of clinical status, respite care requirements, medical necessity, conditions of coverage, and plan of care requirements.

If you’re under investigation for home healthcare or hospice fraud, call our McAllen hospice fraud lawyers now to learn about your legal options.

What Are the Penalties of Home Healthcare and Hospice Fraud?

Investigations for home healthcare or hospice fraud in McAllen, Texas can be criminal or civil in nature. Both civil or criminal liability have harsh penalties. Civil penalties may include:

• Requests for repayment,
• Non-payment of future claims,
• Civil fines up to $11,000 per false claim,
• Future exclusion from federal healthcare programs,
• Assignment of treble damages, and
• Attorney fees.

Criminal punishments may include crippling fines, a criminal record, 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 of others, or providing false certification, you may face:

• Excluded from all federal healthcare programs,
• Prohibited from receiving reimbursement, or
• Have your professional license suspended or revoked.

Choosing the Right McAllen, Texas Defense Lawyer

Choose the right McAllen, Texas defense lawyer if you’re investigated for home healthcare or hospice fraud. The allegation can permanently damage your business and professional reputation. Choosing the right McAllen hospice fraud lawyer means you get the best possible advice and a legal advocate. The right lawyer can assist in dealing with the federal government, the media, and the public.

The right McAllen, Texas defense lawyer will:

• Be familiar with the rules and regulations of home healthcare and hospice care. During an investigation, you don’t have time to explain billing, coding, or certification rules to an attorney who doesn’t have experience in healthcare laws and regulations.

• Have a record of successfully resolving healthcare audits and fraud investigations. They should have a record of negotiating complex healthcare fraud cases with Health and Human Services, Office of Inspector General, IRS, and DOJ.

• Be an excellent litigator and have trial experience. Federal prosecutors will know whether your lawyer has experience and a good reputation. Ask all potential lawyers how many Medicare fraud cases they’ve handled resulting in neither civil, nor criminal judgements for their clients.

The Use of Established Home Healthcare and Hospice Fraud Defenses

The attorneys of Oberheiden, P.C. have managed hundreds of cases and trials. Several members of our Healthcare Fraud Defense Team are expert in healthcare auditing. Many are former federal health care fraud investigators and prosecutors. This dual experience allows us to develop and implement winning defense strategies for our clients.

Immediately contacting federal prosecutors. If you’re under investigation for home healthcare or hospice fraud in McAllen, Texas, don’t wait to act. Oberheiden, P.C. makes immediate contact with federal prosecutors on behalf of clients on the entire healthcare systems. This reduces the amount of time federal agents have to build their case against you. We typically get answers to these important questions within hours of hire:

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

Getting answers to these questions helps us prepare the proper defense for your case.

Showing our clients did not have criminal intent. Most home healthcare and hospice fraud investigations in McAllen, Texas occur due to a mistake. The most common mistakes are the use of unqualified or overwhelmed staff, negligence, supervision errors, and not keeping up with changing rules. This can happen when home healthcare and hospice businesses grow quickly. Our court system acknowledges that mistakes happen. The federal government must meet a high standard known as “beyond a reasonable doubt” to show you acted with criminal intent. Oberheiden, P.C. examines the evidence in each case to determine if the standard is proven.

Appropriate use of certifications. Fraud cases in McAllen often involve certification or re-certification of medical necessity errors. This allegation is hard to prove. Along with relying on industry standards, we have practical trial experience to explain certification exceptions and delegation rules in court. These exceptions are usually not included in complaints filed by the government.

Defending your professional reputation. Our clients are rightfully concerned about their reputation based on allegations of wrongdoing. The media can publish biased reports causing your business to suffer. We routinely address slander and seek chances to correct untruths about our clients.

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