Midland / Odessa Hospice Fraud Attorneys

Oberheiden, P.C. is a healthcare law defense firm with experience in regulatory compliance, corporate structuring, litigation, federal investigations, and criminal defense. Our team includes talented attorneys with years of relevant experience and education from Harvard and Yale Law Schools. Our attorneys serve clients in Midland-Odessa and throughout Texas.

If you’re under investigation for home healthcare or hospice fraud in the Midland-Odessa, Texas area, call Oberheiden, P.C. now. We are a Texas law firm working in healthcare fraud defense. We have extensive legal healthcare industry experience in the following areas:

• OIG and grand jury subpoenas,
• Medicare and Tricare audits,
• Fraud allegation defense,

• Internal healthcare fraud 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 throughout Texas. Dr. Oberheiden is a healthcare fraud defense attorney and is the managing partner of Oberheiden, P.C.

Call Oberheiden, P.C. today if you’re under investigation for home healthcare or hospice fraud in Midland-Odessa, Texas or the surrounding area. Ask to speak with a member of the Healthcare Fraud Defense Team. Initial calls with our Midland / Odessa hospice fraud attorneys are free and confidential.

Midland-Odessa Is Watched by the Medicare Fraud Strike Force

Midland-Odessa, Texas is monitored by the Medicare Fraud Strike Force. In fact, it’s one of nine areas in the nation that is directly monitored. The Medicare Fraud Strike Force is a joint effort of investigators and prosecutors from multiple federal agencies, including the Department of Health and Human Services. Their job is to monitor, investigate, and prosecute cases of 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 Midland-Odessa, Texas

Oberheiden, P.C. provides defense services to hospice facilities, home healthcare businesses, durable medical equipment companies, business owners, and health care providers in Midland-Odessa, Texas and the surrounding area. We have extensive experience handling federal law:

• OIG subpoenas
• Grand jury subpoenas

• Medicare services fraud

• Medicaid services fraud

• Violations of the Anti-Kickback Statute
• Violations of the False Claims Act
• Qui tam defense
• Violations of Stark Law (Self-Referral Law)
• HIPAA compliance

• Drug Enforcement Administration 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. works 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 have experience in:

• Requirements of certification and re-certification of healthcare practice,

• Determination of clinical status,
• Respite care requirements,
• Homebound evaluations,
• Medical necessity,
• Conditions of coverage, and
• Plan of care requirements.

What Are the Civil and Criminal Penalties of Home Healthcare and Hospice Fraud?

Healthcare providers and entities suspected of home healthcare or hospice fraud may face civil or criminal liability and penalties. Civil penalties may include:

• Requests for repayment,
• 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 huge 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 results in death.

If you’re found guilty of incorrectly prescribing medications, improper supervision, or of providing false certification, you may see exclusion from all federal healthcare programs. You may be banned from filing claims for payment, and you may have your professional license suspended or revoked.

The Importance of Choosing the Right Midland / Odessa Hospice Fraud Attorneys

As you’ve learned, the penalties for home healthcare and hospice fraud are serious. It is imperative to choose the right defense lawyer in Midland-Odessa, Texas. This type of allegation can damage your professional reputation and your business. Choosing the right healthcare fraud defense group means having the best possible defense. The right lawyer is your legal advocate with the federal government, the media, and the public.

The right Midland-Odessa wrongful death attorneys will demonstrate the following:

• They are familiar with the rules and regulations associated with home healthcare and hospice care. You won’t have to explain billing, coding, or certification rules to them.

• They have a history of successfully resolving healthcare audit and government investigations. They have a proven record of negotiating complex healthcare fraud and False Claims Act cases with OIG, HHS, IRS, and DOJ.

• They have excellent litigation skills and they have trial experience. Federal prosecutors will know whether or not your lawyer has a good reputation. Ask every candidate how many Medicare fraud cases they’ve handled that resulted in neither civil, nor criminal liabilities for their clients.

Established Home Healthcare and Hospice Fraud Defense Strategies

Oberheiden, P.C. has experience with hundreds of trials and criminal cases in state and federal courts. Many of the Midland \ Odessa hospice fraud lawyers on our Healthcare Fraud Defense Team have worked as healthcare auditors and fraud investigators, and prosecutors with the DOJ. This unique dual experience has enabled us to develop winning defense strategies for our clients.

Immediate contact with federal investigators. If you’re being investigated for home healthcare or hospice fraud, you shouldn’t wait to contact Oberheiden, P.C. We quickly get in touch with investigators on your behalf to begin the process of representing you. We ask the important questions and can often get answers within just a few hours:

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

Answering those questions helps our Midland / Odessa hospice fraud lawyers prepare the proper defenses for your case.

We work to prove our clients didn’t have criminal intent. Most home healthcare or hospice fraud investigations in Midland-Odessa, Texas begin because a person or a business made a mistake. The most common mistakes come from relying on overwhelmed and unqualified staff members, negligence, supervision errors, and being unfamiliar with the constantly changing rules. Mistakes are often made when home healthcare or hospice businesses grow quickly. The court system acknowledges that making a mistake is possible. That’s why the federal government must meet a high burden of proof to show that you committed a crime. Oberheiden, P.C. works to prove that our clients made a mistake, but did not act with criminal intent.

Showing appropriate use of certifications. Many home healthcare and hospice fraud cases in Midland-Odessa and the surrounding area claim that the business owners and healthcare providers incorrectly certified or re-certified medical necessity. Oberheiden, P.C. knows that this allegation is hard to prove. In addition to relying on industry authorities, we have practical trial experience to explain certification exceptions and delegation rules to a judge or jury. The exceptions are often left out of complaints filed by the federal government.

Protecting your reputation. Most of our Midland-Odessa clients are concerned about their professional reputation. They are right to be concerned because the media often reports biased information and doesn’t always give the public all the information related to a story. Oberheiden, P.C. works to safeguard your reputation. We address slander on behalf of our clients, and we look for occasions to correct misinformation.

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