Orange County Hospice Fraud Attorneys

Oberheiden, P.C. is a healthcare law firm with experience in regulatory compliance, corporate structuring, litigation, civil government probes, criminal government investigations, and in criminal defense. Our team includes talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard.

Are you under suspicion for home healthcare or hospice fraud? Speak with a member of our hospice fraud defense legal team. Call Oberheiden, P.C. today for a confidential and free consultation.

Orange County Is Directly Monitored by the Federal Government

The federal government’s Medicare Fraud Strike Force is active in Orange County, San Bernardino County, Ventura County, Los Angeles County, and surrounding areas. It is only one of nine places in the nation that receives this level of supervision. The Medicare Fraud Strike Force is a team of federal inspectors and prosecutors from several agencies. The purpose of this team is to monitor, investigate, and prosecute various types of medical care fraud.

Home Healthcare and Hospice Fraud in Orange County, California

Oberheiden, P.C. provides legal services for hospice provider, nursing homes, home healthcare agencies, business owners, and healthcare providers in Orange County, California, and surrounding areas. We also have experience in matters related to:

• Corporate compliance,
• Internal investigations,
• Medicare audits,
• Recoupment questions and requests,
• Civil and criminal government investigations,
• OIG subpoenas,
• Grand jury subpoenas,
• Medicare and Medicaid fraud,
• Violations of the Anti-Kickback Statute,

• Violations of the False Claims Act and Stark Law (patient referrals),

• Qui tam defense,
• HIPAA compliance,
• DEA investigations,
• Problems involving medical necessity,

• Billing errors on medical treatment,

• Overuse of equipment and services,
• RAC and ZPIC audits,
• IRS inquiries.

Oberheiden P.C. partners with the National Association for Home Care and Hospice (NAHC), the National Hospice and Palliative Care Organization (NHPCO), the National Center for Assisted Living (NCAL), and other related programs. Our Orange County hospice fraud attorneys understand the requirements of:

• Certification and re-certification,
• Determinations of clinical status,
• Respite care requirements,
• Homebound assessments,
• Medical necessity certification, and
• Plan of care requirements.

The Civil and Criminal Penalties of Home Healthcare and Hospice Fraud

Home healthcare and hospice fraud is of grave importance. You could face charges in civil or criminal court. Civil penalties can include:

• Fines of up to $11,000 per false claim,
• Recoupment of claims,
• Future exclusion from federal healthcare programs,
• Non-payment of your claims,
• Assessment of treble damages, and
• Attorney fees.

Criminal penalties can include criminal fines in the hundreds of thousands of dollars, a criminal indictment, and prison time of:

• Up to 10 years for each count of fraud,
• Up to 20 years if the fraud results in serious bodily injury,

• Life in federal prison if the fraud results in the death of a hospice patient.

If found guilty of falsely writing drug orders, improper supervision of staff, or false certification, serious outcomes can follow. You may be banned from all federal healthcare programs, prohibited from receiving payments, and you may lose your professional license.

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)

Three Traits Present in the Right Orange County Hospice Fraud Lawyer

When facing a home healthcare or hospice fraud probe, you need the right fraud defense attorney. Allegations can ruin your professional reputation and your business. The right attorney is your best ally against these allegations.

Look for these three traits in an Orange County, California defense lawyer:

• Demonstrated familiarity with the rules and regulations related to home healthcare and hospice care. You do not have time to explain billing, coding, and certification rules to a lawyer with no such experience.

• A successful record of resolving healthcare audits and healthcare fraud cases. Your attorney should have a record of successfully managing healthcare fraud cases involving federal agencies, like the Department of Health and Human Services, OIG, DOJ, and IRS.

• Experienced litigators and trial lawyers. Federal prosecutors will know if your Orange County hospice fraud lawyer has a reputation for success. Ask each lawyer interviewed how many healthcare fraud trials he/she has managed. And, of those, how many resulted in neither civil, nor criminal liability for their clients.

Home Healthcare and Hospice Fraud Defenses

Oberheiden, P.C. has managed a great number of healthcare fraud cases in Orange County and elsewhere. Our Orange County hospice fraud attorneys represent clients and have previous experience in healthcare auditing and as former federal healthcare fraud investigators and prosecutors. This dual experience has led us to develop strategic defenses that we employ for each of our clients.

Immediate contact with federal prosecutors. If you’re under inquiry, don’t wait to call Oberheiden, P.C. The longer the federal government has to investigate you, the more likely you will face criminal charges. Once you retain us, we will contact federal prosecutors right away on your behalf. We ask the important questions upfront, and we generally get answers within a few hours. Answers to these questions can help us develop a custom defense:

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

Proving our clients did not commit a crime. Most home healthcare and hospice fraud cases in Orange County, California are based on a mistake. Very few cases in the area start because someone intended to act in a fraudulent manner. The errors we see most often causing investigations include:

• The use of unqualified or overwhelmed employees,
• Negligence,
• Supervision errors, and
• Not keeping up with constantly changing rules.

Thankfully, our court system acknowledges that sometimes good people make mistakes. While these mistakes should be corrected, they should not lead you to criminal penalties. The federal government has a high burden of proof to show you committed a crime and acted with criminal intent. We analyze the evidence presented by the federal government to determine if it meets this high standard. Our goal is to prove that you made a mistake, but did not do so with intent.

Use of appropriate certifications. Many cases allege the business owner or the healthcare provider incorrectly certified or re-certified medical necessity. Oberheiden, P.C. uses known legal exception and delegation rules to prove that your actions were proper. The federal government is aware of these exceptions, but they often not noted in their complaint or arguments. Oberheiden, P.C. uses industry experts and our trial experience to explain legal exception and delegation rules in court.

Protecting your professional reputation. Many of our clients express concern about how they will be viewed by the public in light of these allegations. We understand this concern. If the media promotes a biased report putting you in an unfavorable light, we respond. Our Orange County hospice fraud attorneys address slander and seek ways to correct misinformation and protect your professional reputation.

Our Orange County hospice fraud defense lawyers are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

Additional Pages for Orange County, California

• Orange County False Claims Act & Qui Tam defense
• Orange County federal criminal defense
• Orange County healthcare fraud defense
• Orange County healthcare compliance
• Orange County Medicare fraud defense