Springdale Healthcare Attorneys

Federal authorities are targeting healthcare providers in Arkansas, including Springdale and the surrounding areas. If you are facing scrutiny from federal authorities, or if CMS, the DEA, the OIG, or another federal agency is auditing or investigating your business, you need to engage defense counsel immediately. Call us at 888-680-1745 for a complimentary and confidential consultation.

If you find yourself dealing with federal authorities in Springdale, you are not alone. The Centers for Medicare and Medicaid Services (CMS), Drug Enforcement Administration (DEA), Office of Inspector General (OIG), and other federal authorities are aggressively targeting healthcare providers in and around Springdale through audits and investigations. To avoid unnecessary consequences, you need experienced legal representation, and it is important that you speak with a Springdale healthcare attorney as soon as possible.

At Oberheiden P.C., our Springfield healthcare attorneys represent physicians, pharmacists, hospitals, clinics, and other providers and entities. We handle medical malpractice and all types of federal healthcare fraud matters, including audits, investigations, and DEA inspections. Regardless of the type of inquiry you are facing—and regardless of the federal agency involved—avoiding unnecessary consequences will require a strategic and proactive approach focused on the specific facts and circumstances at hand.

Defense Attorneys for Healthcare Providers and Businesses in Springdale, Arkansas

We have successfully defended healthcare providers and other clients against allegations ranging from personal injury cases to medical malpractice cases, Medicare billing fraud, nursing home abuse, and prescription drug crimes. We provide representation at all stages of the process—and we strongly encourage you to contact us immediately if you need defense counsel. Intervening in the government’s inquiry and executing a proactive defense strategy can help steer the inquiry toward a favorable resolution, and in many cases it can substantially mitigate the risks involved.

How can we help you? We provide federal healthcare fraud defense representation in Springdale, Arkansas for matters including:

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)

Healthcare Billing Fraud Audits (Medicare, Medicaid, Tricare, and DOL)

Medical professionals in Springdale needs to approach federal healthcare billing audits very carefully. While an audit might not seem as serious as an investigation, it can lead to an investigation, which can, in turn, lead to civil or criminal charges for healthcare fraud.

Our Springdale healthcare fraud defense lawyers represent providers in audits conducted by Medicare Administrative Contractors (MACs), Recovery Audit Contractors (RACs), Unified Program Integrity Contractors (UPICs), Medicaid Fraud Control Units (MFCUs), and the U.S. Department of Veterans Affairs (VA). We also handle audits under the U.S. Department of Labor’s healthcare benefit program. Our lawyers can deal with the auditors on your behalf, ensure the audit’s scope remains appropriately limited, and work to resolve the audit without any unnecessary liability or other consequences (i.e., program ineligibility or pre-payment review).

Civil Healthcare Fraud Investigations

Healthcare fraud investigations present substantial risks for providers, facilities, and other businesses. While most people think of “fraud” as an intentional attempt to illegally profit, evidence of intent is not required to substantiate civil healthcare fraud charges. As a result, healthcare providers and other individuals and entities in Springdale must work with their defense counsel to evaluate other options for defending against allegations such as:

False Claims Act Violations

The False Claims Act is a health care law that prohibits healthcare providers from submitting “false or fraudulent” claims to the government for reimbursement. This includes submitting invalid claims under Medicare, Medicaid, Tricare, and the DOL’s healthcare benefit program. Billing for ineligible services, double-billing, and billing for services not actually rendered (so-called “phantom billing”) are all common errors that can lead to civil penalties under the False Claims Act.

Anti-Kickback Statute Violations

The Anti-Kickback Statute is another federal law that applies to healthcare providers who bill Medicare and Medicaid. Under this statute, providers (and other individuals and entities) in Springdale can face civil penalties for improperly using federally reimbursed funds to pay compensation for patient referrals. While referral compensation is not inherently unlawful, failure to structure compensation arrangements appropriately can trigger federal scrutiny and lead to fines, treble damages, and other penalties.

Physician Self-Referrals

The Stark Law prohibits physicians from using government-reimbursed funds to compensate referrals between themselves and related entities. These “physician self-referrals” are a common focus of civil healthcare fraud investigations. But, while the Stark Law contains broad general prohibitions, these prohibitions are subject to numerous safe harbors and exceptions; and, in many cases, physicians will be able to avoid civil penalties by demonstrating that one of these statutory or regulatory protections applies.

Billing and Coding Errors

Unintentional billing and coding errors are among the most-common issues that lead to problems for healthcare providers in Springdale. Even honest mistakes constitute “fraud” under the federal healthcare laws, and providers can face liability for mistakes committed by their internal billing personnel as well as their third-party billing administrators. We have successfully defended clients in investigations involving all types of alleged billing and coding errors, including upcoding and unbundling—among others.

Criminal Healthcare Fraud Investigations

While civil healthcare fraud investigations present risks for recoupments, fines, and other financial penalties, criminal healthcare fraud investigations present the risk of prison time. Federal authorities routinely pursue criminal charges against healthcare providers—and they have become more aggressive in doing so in recent years. We defend individuals and entities in all types of criminal healthcare fraud investigations, including (but not limited to) those involving:

Healthcare Fraud and Conspiracy to Commit Fraud

Under 18 U.S.C.Section 1347, healthcare providers and other entities and individuals can face criminal prosecution for intentionally defrauding Medicare, Medicaid, Tricare, or the DOL’s healthcare benefit program. They can also face criminal prosecution for conspiring to commit healthcare billing fraud. The federal conspiracy statute is extremely broad, and it allows federal prosecutors to pursue charges against multiple individuals in a wide range of circumstances.

Prescription Drug Fraud

Healthcare providers can face criminal charges for prescription drug fraud in a wide range of circumstances as well. Writing unnecessary prescriptions, filling unnecessary prescriptions, and other violations of the Controlled Substances Act can lead to criminal investigations targeting doctors’ offices, pharmacies, hospitals, clinics, and other entities.

Illegal Kickbacks and Referral Fees

While violations of the Anti-Kickback Statute will trigger civil investigations in many cases, the law also includes provisions for criminal enforcement. Providers who intentionally pay or receive illegal referral financial compensation—or even offer or solicit illegal referral compensation—can face criminal charges under the Anti-Kickback Statute that carry substantial fines and up to five years in prison.

Fraudulent Medicare, Medicaid, Tricare, and DOL Claims

Similarly, while billing and coding errors will often lead to federal scrutiny that is civil in nature, fraudulent Medicare, Medicaid, Tricare, and DOL claims can also trigger criminal investigations. In these investigations, providers need to execute comprehensive defense strategies, and they must work closely with their counsel to avoid facing an indictment by all means available.

Our Approach to Defending Healthcare Clients in Springfield, Arkansas

If you need a Springdale healthcare fraud defense lawyer, why should you choose Oberheiden P.C.?

We Focus On Achieving Early Results

Whenever possible, we seek to resolve our clients’ audits and investigations without formal findings or charges. This avoids unnecessary publicity—while also avoiding unnecessary risks.

We Work to Keep Criminal Charges Off of the Table

In all cases, we prioritize keeping criminal charges off of the table. If you don’t have to worry about prison time, you can focus your efforts on minimizing (if not avoiding) any potential civil penalties.

We Take a Comprehensive Approach

Whether you are facing an audit, civil investigation, or criminal allegations, we will take a comprehensive approach to your defense. Our attorneys will challenge the government’s case from all angles and work to leverage an efficient, favorable, and quiet result.

We Advocate and Advise You in Your Best Interests

Above all, we will advocate and advise you in your best interests. As your healthcare fraud defense counsel, our sole priority is protecting you and your practice or business to the fullest extent possible.

Frequently Asked Questions

Contact a Springdale Healthcare Fraud Defense Attorney at Oberheiden P.C.

If you need to speak with a Springdale healthcare fraud defense attorney about an audit or investigation, we encourage you to contact us right away for a free consultation. To speak with a senior defense attorney at Oberheiden P.C. in confidence as soon as possible, call 888-680-1745 or request a complimentary consultation online now.