Miami Hospice Fraud Defense Attorneys

Are you facing allegations of home health and hospice fraud? You need a law firm with real experience. The Miami Hospice fraud defense team of Oberheiden, P.C. provides superior representation to individuals and businesses facing these serious charges. Dr. Nick Oberheiden is a senior healthcare fraud defense lawyer for Oberheiden, P.C. and principal of the firm.

Investigations of Medicare Fraud in Miami, Florida

There are fifteen cities in the U.S. that receive more government oversight and investigations regarding Medicare fraud than other cities. Miami, Florida is one of those cities. Miami has a specialized task force that monitors, investigates, and prosecutes Medicare fraud. Healthcare practitioners and businesses in Miami, including home healthcare and hospice organizations, can be investigated by the Healthcare Fraud Prevention and Enforcement Action Team (HEAT). HEAT includes prosecutors and investigators from several government agencies including the Department of Justice, the Department of Health and Human Services, the Office of the Inspector General, the Federal Bureau of Investigation, and others.

Home Healthcare and Hospice Fraud

Oberheiden, P.C. provides representation to Miami, Florida home healthcare and hospice organizations and their associated medical professionals and businesses. Oberheiden, P.C. can assist with:

• Grand jury subpoenas
• OIG subpoenas
• Medicare fraud
• Medicaid fraud
• Violations of the Anti-Kickback Statute
• Violations of the False Claims Act
• Qui tam defense
• Concerns over HIPAA compliance
• Problems with the DEA or prescriptions
• Errors in billing
• Allegations of over-billing
• False certifications regarding medical necessity
• Overuse of services
• Overuse of equipment
• RAC audits
• ZPIC audits
• Investigations by the IRS

Oberheiden, P.C. works with the National Association for Home Care & Hospice (NAHC), National Hospice and Palliative Care Organization (NHPCO), National Center for Assisted Living (NCAL), and related home healthcare and hospice organizations. We can help with the following issues:

• Re-certification for hospice,
• Certification requirements,
• Clinical status determinations,
• Respite care,
• Homebound evaluations,
• Medical necessities,
• Coverage conditions, and
• Requirements for plan of care.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former Department of Justice

Brian J. Kuester

Former U.S. Attorney
Former DA

John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach

Former Special Agent (OIG)

Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick

Former Special Agent (FBI & IRS-CI)

Ray Yuen

Former Supervisory Special Agent (FBI)

The Penalties of Home Healthcare and Hospice Fraud

The penalties for Home Healthcare and Hospice fraud are serious. They can destroy your future goals. You may be required to pay recoupment requests. You may not be eligible for payment on future claims. Civil fines can cost you as much as $11,000 per false claim. There may be an exclusion from federal healthcare programs. You may face treble damages and attorney fees. Criminal fines, a criminal indictment, or prison time are also possible penalties. Being sentenced to prison could mean up to 10 years for each count of fraud. Up to 20 years can be imposed if the fraud resulted in serious bodily injury. If the patient dies, you could receive a life sentence.

The Importance of Choosing the Right Miami Hospice Fraud Defense Attorney

Because of the serious consequences, it is imperative that you choose the right Miami defense lawyer. Do not rely on a beginner. Choose a lawyer who understands how to plan and execute complex healthcare defense strategies. Charges of fraud in hospice services can put your business in danger, ruin your reputation, and destroy your livelihood. Choose a team of attorneys who can provide a zealous defense against government agencies, the media, and the public.

Here are the three most important considerations to keep in mind during your search:

• Is the attorney completely familiar with the rules and regulations related to home health and hospice care? This includes billing, coding, and certification rules. Many attorneys simply do not have such knowledge. Don’t waste time educating the attorney you are paying for help.
• Has the attorney successfully handled healthcare audits and fraud investigations? You need an attorney who knows the industry well enough to avoid the pitfalls of fraud accusations. Lack of experience rarely means success.
• Does the attorney have a history of trial and litigation success? Ask how many fraud trials the attorney has won during the course of his/her career.

Oberheiden’s Proven Defenses

Oberheiden, P.C. has a history that includes hundreds of healthcare investigations on both sides of the table. Some of our attorneys are former prosecutors and senior government lawyers for the Department of Justice. Their first-hand insights on how to defend against government investigations are now available to you.

Immediate Representation

If you are under inquiry by a government entity, you must secure immediate representation. The more time the government has to investigate your business, the easier it is to build their case. Oberheiden, P.C. can help you get answers to the most pressing questions within hours of hiring us. Our Miami Hospice fraud defense lawyers can find out what the investigation is about, whether the case is civil or criminal, if the government is considering charges that will include jail time, and what can be done to resolve the case.

Lack of Criminal Intent

We know many Homehealth and Hospice fraud claims begin due to a business or human error and without criminal intent. These mistakes happen for a variety of reasons. While that may be negligent oversight, it’s not criminal. The most common errors include:

• Unqualified and/or overwhelmed staff,
• Negligence,
• Lack of supervision, and
• Violations of ever-changing rules related to home health and hospice care

In the U.S. legal system, there is a heavy burden of proof placed upon the government. The government must show beyond a reasonable doubt that you committed an illegal act with criminal intent. This is a Constitutional standard that we use in your defense. It can result in case dismissal, avoiding criminal charges, retaining your license, civil instead of criminal fines, reducing a felony to a misdemeanor, and no prison time. Our Miami Hospice fraud defense attorneys provide aggressive defenses and force investigating agencies to accept their burden of proof.

Certification Exceptions

A large number of home health and hospice fraud claims occur because of incorrect certifications and re-certifications. Oberheiden, P.C. understands that proving exceptions to certification and delegation rules takes experience. Experience and knowledge are important because the government tends to omit these exceptions in their complaints.

Working With the Media

We defend our clients on all fronts, including with the media. We promote the truth about unfounded allegations of wrongdoing by your organization. This helps protect your reputation. Oberheiden, P.C. routinely assists clients by defending them from slanderous reports. Our goal is to correct and educate the media and the public.

We are available every day of the year, 24 hours a day. Call, complete our contact form, or email us directly.

Additional Pages for Miami, Florida

• Miami corporate compliance
• Miami corporate investigations
• Miami False Claims Act & Qui Tam defense
• Miami federal criminal defense
• Miami healthcare fraud defense
• Miami hospital compliance and audits
• Miami ICE and I-9 audit defense
• Miami Medicare fraud defense
• Miami pharmacy compliance and audits
• Miami white collar criminal defense