Lawyers for Mental Health Professionals - Federal Lawyer
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Lawyers for Mental Health Professionals

Experienced Legal Counsel for Mental Health Professionals Facing Disciplinary, Credentialing, Malpractice, and Other Issues

Lynette Byrd
Attorney Lynette S. Byrd
Mental Health Professionals Team Lead
Former DOJ Attorney
envelope icon Contact Lynette

As a mental health professional, your job is extremely important. You provide mental health services and behavioral health services to people who are unable to help themselves—often in times of great need—restoring lives, rebuilding families, and helping people cope with extremely difficult situations.

But, doing your job also carries risk. Claims filed by patients and their families, disputes with your business partners, and allegations of improper billing are just a few examples of numerous issues that can threaten your license, your career, and your livelihood. When these issues arise, you need someone who can help you with the same level of care and attention that you provide to your patients.

We Represent Mental Health Professionals Across the U.S.

At Oberheiden P.C., we represent individual mental health professionals, mental health providers, and behavioral health providers in all types of legal matters. If you are facing a legal issue in your practice, our healthcare attorneys can give you the advice you need to feel confident about your next steps in dealing with mental health law and health care law. If you need legal representation, we can represent you every step of the way. Representing health professionals is a significant portion of our practice, and many of our lawyers and consultants worked for the U.S. Department of Health and Human Services (HHS) and other agencies before entering private practice.

How can we help you? We provide advice and representation in the following areas:

Licensing and Disciplinary Matters

Your license is essential to your mental health practice. Yet, there are numerous issues that can put your mental healthcare license in jeopardy—including some issues that are completely beyond your control.

If you are facing allegations that have put your license in jeopardy, it is up to you to take action. No matter how accurate (or inaccurate) the allegations may be, you must assert an effective defense in order to avoid unnecessary consequences. We have extensive experience representing mental health professionals and other licensed medical providers in licensing and disciplinary proceedings, including:

  • Medical license denials and non-renewals
  • Medical license restrictions
  • Medical license suspensions and revocations
  • Investigations and licensing board hearings
  • Licensing and disciplinary action appeals

In professional licensing and disciplinary matters, we work hard to protect our clients’ ability to practice without going to a hearing whenever possible. When a hearing is necessary, we prepare thorough defenses based on all applicable medical and legal principles. We understand what your license means not just to your career, but to you as a person—and we are prepared to do everything we possibly can to help you protect it.

Credentialing Matters

We also have extensive experience representing mental health professionals and other licensed medical providers in credentialing matters. This includes matters involving the Centers for Medicare and Medicaid Services (CMS), National Practitioner Data Bank (NPDB), and HHS Office of Inspector General (OIG), among credentialing authorities. If you need help securing or restoring credentials that are essential to your mental health practice, we can guide you forward while dealing with the relevant credentialing authority on your behalf.

DEA Matters

If prescribing and dispensing medications is part of your mental health practice, your DEA registration is essential to your practice as well. As a result, if your DEA registration is at risk, you need to protect it by all means available. We assist mental health professionals across the U.S with denials, suspensions, complications during renewal, and other issues.

In addition to helping mental health professionals protect their DEA registrations, we also routinely assist clients with the DEA registration process. If you need to register with the DEA, we can review your background to confirm your eligibility, prepare your application, and shepherd your application forward while dealing with the DEA on your behalf.

Malpractice Claims

Allegations of malpractice often have a domino effect. Not only can they expose mental health professionals to civil liability, but they can trigger reporting obligations and disciplinary action, lead to credentialing issues, and lead to insurance and other issues as well. At Oberheiden P.C., we have a long track record of successfully defending all types of healthcare providers against malpractice claims. We take a comprehensive evidence-based approach focused on protecting our clients as efficiently as possible, and we are able to handle any ancillary concerns as well.

Billing Issues

We represent mental health professionals facing billing issues with Medicare, private health insurers, and other payors. Billing issues can vary widely; and, when facing a claim that you have improperly billed a payor, understanding the specific issue (or issues) involved is essential to defending your billings effectively. If you have inadvertently submitted one or more invalid bills, then working to resolve the issue as proactively as possible will help to mitigate the risks involved. We can advise you regarding your next steps, and then we help to quickly and favorably resolve your billing issues on your behalf.

Business Issues

We represent mental health professionals in business-related disputes as well. Whether you and your partners are at odds, you are dealing with an insurance coverage issue, or you have a contract dispute with a vendor or employee, we can help. We focus on resolving our clients’ business disputes amicably without formal legal proceedings as well, though we do not hesitate to litigate when it is in our clients’ best interests to do so.

Federal Healthcare Fraud Investigations

If you are facing a federal healthcare fraud investigation, time is of the essence. These investigations present substantial risks, and you must assert a timely and comprehensive defense to avoid unnecessary consequences. We have extensive experience representing mental health professionals and other providers in federal cases involving allegations including (but not limited to):

  • Anti-Kickback Statute violations
  • Billing fraud
  • Lack of medical necessity
  • Prescription drug fraud
  • Money laundering, conspiracy, and other white-collar crimes

Here, too, understanding the specific allegations at issue is essential for building and executing an effective defense strategy. Once you engage our firm to represent you, our lawyers will work quickly to discern the focus and scope of the federal government’s investigation, and then we will advise and represent you accordingly.

Other Criminal Matters

Along with federal healthcare fraud investigations, we also represent mental health professionals in other criminal matters. If you are facing allegations of fraud, sexual misconduct, or any other criminal offense, we can use our experience to defend you by all means available. In doing so, we will target an out-of-court resolution that protects your reputation and your ability to practice.

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)

FAQs: Facing Legal Issues as a Mental Health Professional

What Can (and Should) I Do if CMS is Disputing My Mental Health Practice’s Billings?

If CMS is disputing your mental health practice’s billings, you need to make sure you understand exactly why this is the case. While you may still be entitled to payment, you must also be cognizant of the fact that CMS’s scrutiny could lead to civil—or even criminal—penalties. To ensure that you are making informed decisions, our lawyers for mental health professionals can assess CMS’s allegations and review your billings to determine if they are legally compliant.

If I Am Facing Malpractice Allegations as a Mental Health Professional, Do I Need to Report the Allegations to My Licensing Board?

In many cases, mental health professionals (and other healthcare professionals) have an obligation to report malpractice allegations against them to their state licensing boards. When this is the case, failing to report the allegations can itself trigger disciplinary action. Our lawyers can help you understand your obligations and risks, and we encourage you to contact us promptly for a complimentary consultation.

Can (and Should) I Hire a Lawyer to Represent Me Before My Mental Health Licensing Board?

Yes, if you are facing disciplinary action as a mental health professional, we strongly recommend engaging legal counsel to represent you before your state’s licensing board. Simply put, you have too much at stake to try to handle your situation on your own.

What Should I Do if I Have Received a Search Warrant, Subpoena, or Target Letter as a Mental Health Professional?

If you have received a search warrant, subpoena, or target letter from the federal government, you need to engage experienced defense counsel immediately. You could be at risk of facing serious federal charges for healthcare fraud or other crimes that carry substantial fines and federal imprisonment.

How Do I Find a Reputable Law Firm with Lawyers for Mental Health Professionals?

At Oberheiden P.C., we have extensive experience representing mental health professionals in matters involving both state and federal laws. We have earned a nationwide reputation for providing effective representation specifically within the healthcare field. If you need legal services as a mental health professional, we invite you to contact us to learn more.


Speak with a Lawyer for Mental Health Professionals at Oberheiden P.C.

If you would like to speak with a lawyer for mental health professionals at Oberheiden P.C., please contact us today. Once you get in touch, we will arrange for you to speak with one of our senior lawyers in strict confidence as soon as possible. To schedule a complimentary initial consultation, call 888-680-1745 or tell us how we can reach you online now.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Email Us 888-680-1745 866-781-9539
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