New Mexico Home Health Fraud Attorneys

Federal healthcare programs rules are complicated. It’s common for many home health providers and business owners to be confused dealing with the government’s changing healthcare industry regulations. Sadly, despite their best efforts, these companies and providers are finding themselves accused of fraudulent conduct. Some common reasons for these investigations include:

• Overly-complicated rules and regulations
• Untrained or unmotivated staff
• Unreliable billing personnel
• Fast-growing practice
• Lack of effective compliance program

The government and federal healthcare statutes make clear that these are not excuses for violating the law. Therefore, if under investigation for health care fraud or Anti-Kickback Statute violations in New Mexico, you need healthcare fraud defense attorneys right away.

What Is Medicare Fraud?

Most home healthcare investigations allege that a home health provider has committed Medicare fraud. Specifically, what home healthcare providers are typically accused of are things like:

• Billing fraud – Charging for services that were not provided, or billing Medicare for the same service more than once.
• Preparing improper cost reports – Billing Medicare for durable medical equipment (DME) and other medical devices that are never actually provided to patients.
• Coding fraud – One of the most common forms of coding fraud is called, “up-coding.” This involves billing a service under an incorrect code that provides a higher reimbursement rate.
• Billing for services that are not medically necessary – Home health providers can only seek Medicare reimbursement for services that are medically necessary. Billing for unnecessary services is a common form of healthcare fraud.

When Is an Investigation Civil? When Is It Criminal?

Medicare and Medicaid fraud are serious federal offenses that can either be charged as civil violations or criminal misconduct.

One of the most important questions to ask your attorney is whether your case is civil or criminal. There are certain factors that may indicate that it is a federal crime investigation. But, it’s not always possible to know for certain until your attorney contacts law enforcement agencies. The fact that a federal agent shows up at your office does not always mean the case is criminal. This is a critical moment when proper decisions need to be made with your counsel.

If there is an investigation involving you or your business, call New Mexico home health fraud attorneys now. In many cases, our experienced attorneys have been able to keep the government from bringing criminal charges against our clients. But, in order to do this, we need to get involved as early as possible.

What Happens in a Home Healthcare Case?

The Three Stages of a Federal Healthcare Fraud Case

All home healthcare investigations have three stages. In the first stage, the government investigates alleged wrongdoing. If there is belief you committed healthcare fraud, it will issue a subpoena or ask the court to execute a search warrant. If you are subpoenaed or a search warrant is served, it is critical to call experienced defense counsel promptly.

With counsel retained, the case enters its second stage. At this stage, your New Mexico home health fraud lawyer negotiates with government officials regarding your case. The object is to end the case favorably for our client. The third stage is the resolution of your case. The results depend on if your attorney can keep the case civil, or if you will face criminal charges in court.

At What Point Should You Hire an Attorney?

The importance of hiring experienced defense counsel at the earliest time possible can’t be overstated. When facing a federal investigation, you need experienced lawyers. Lawyers who can protect your business, your good name, and keep you from federal healthcare fraud charges.

At Oberheiden, P.C., our former federal prosecutors and experienced defense counsel have handled numerous healthcare investigations nationwide. Our New Mexico home health fraud lawyers are licensed to practice law in New Mexico. We are prepared to take immediate action to enforce your legal rights. The sooner you call us, the greater the chances we can protect you, your business, and your family.

What is the “Emergency Defense Package”?

Our healthcare fraud attorneys have developed an “Emergency Defense Package” to provide clients under investigation with an immediate action plan. The “Emergency Defense Package” has been featured on news stations and in the media. It includes protocols, instructions, and defense strategies for those facing charges of healthcare fraud. The “Emergency Defense Package” Contains:

The “Emergency Defense Package” Contains:

• General Protocols: What to Do
• Instructions for Management: How to Deal with Agents
• Instructions for Management: How to Deal with Employees
• Instructions for Employees
• Document Retention Forms
• Compliance Examination Instructions
• Important Contact Information

You can call 888-680-1745 at any time to request more information about Oberheiden, P.C.’s “Emergency Defense Package.”

The Four Goals of Our Defense at Oberheiden, P.C.

In healthcare fraud cases, our health care fraud defense lawyers have four goals to protect our clients:

• Avoiding a Criminal Investigation
• Avoiding Media Coverage
• Protecting Our Client’s Good Name Keeping the Entire Case Confidential
• Protecting Our Client’s Financial Future

Schedule a Free Consultation with an Experienced Attorney at Oberheiden, P.C. Today

As a result of our experience-based and results-driven approach, at Oberheiden, P.C., we have a long, successful history of defending healthcare clients in fraud investigations. If you would like to speak with Dr. Nick Oberheiden or any of the other experienced New Mexico home health fraud attorneys at Oberheiden, P.C. about your case, contact us to request a free consultation today.

Success Stories

Oberheiden, P.C. represents clients in governmental investigations in New Mexico and across the country. Our attorneys have been able to avoid civil and criminal responsibility for the firm’s clients in healthcare fraud investigations involving the following government agencies, among many others:

• Successful defense of a healthcare services company against an investigation by the Office of Inspector General for Medicare Fraud
• Successful defense of healthcare company against investigations by the Department of Justice for alleged Healthcare Fraud
• Successful defense of healthcare company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations
• Successful defense of a healthcare company against an investigation by the Office of Inspector General and Department of Health and Human Services
• Successful defense of a healthcare company against an investigation by the Office of Inspector General and the Department of Justice for alleged Medicare Fraud
• Successful defense of a physician owned entity against an investigation by the Office of Inspector General for alleged False Claims Act violations
• Successful defense of a physician owned entity against an investigation by the Office of Inspector General for alleged fraud

Additional Pages for New Mexico

• New Mexico federal criminal defense
• New Mexico healthcare fraud defense
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• New Mexico Medicare Fraud defense
• Albuquerque business litigation
• Albuquerque white collar crime