Tampa Healthcare Attorneys

Tampa health care providers and health care facilities are at risk of becoming targets in federal investigations. If you have received a target letter, subpoena, or any other form of contact from the U.S. Department of Justice (DOJ), Drug Enforcement Administration (DEA), Internal Revenue Service (IRS), Office of Inspector General (OIG), or another federal law enforcement agency, call 813-322-6783 now for a free and confidential case assessment.

During a federal healthcare fraud investigation, a proactive defense strategy can lower the risk of civil or criminal charges. These situations move quickly. By the time you know your practice or health care businesses is a target, the government has begun building its case against you. To counter federal agents and prosecutors, you need to intervene as soon as possible. This means hiring a legal counsel experienced in healthcare fraud and abuse laws.

At Oberheiden, P.C., we routinely represent clients in Tampa, throughout Florida, and nationwide. Our attorneys have managed thousands of cases. Plus, we have experience as defense attorneys and former prosecutors with the U.S. Department of Justice (DOJ). If targeted by a federal agency, you need this experience. We are available 24/7 and our Tampa healthcare attorneys can act quickly on your behalf. Call 813-322-6783 now to discuss your case in confidence.

Understanding What It Means to Be Accused of “Healthcare Fraud”

In federal fraud cases, the government believes a health care practice group may have improperly billed a federal healthcare program. It may also mean they suspect the use of federal payments for referral fees or other compensation. Allegations typically include upcoding or unbundling services. Improper prescribing of opioid medications is also a frequent charge.

To counter the government’s inquiry, you need to know the specific allegations against you. Defending against billing violations is very different from defending against prescription drug fraud. You also need to know whether the government’s investigation is civil or criminal in nature. The nature of the investigation determines (i) the full scope of defenses you will require, and (ii) the potential penalties at risk.

When you hire our federal healthcare fraud defense team, uncovering the range and nature of the government’s investigation is our first priority. We quickly intervene on your behalf. We use our experience and knowledge of the federal healthcare system to determine your potential exposure. We can then quickly craft a custom defense strategy in an attempt to avoid charges. We also work to keep charges civil to avoid criminal penalties like a prison sentence.

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)

Federal Statutes Used to Investigate and Prosecute Healthcare Fraud

1. The False Claims Act

Under the False Claims Act (FCA), it is illegal to submit “false or fraudulent” claims to a federal healthcare program for payment. This includes intentional and unintentional submission of inaccurate claims. In civil cases (unintentional violations), possible penalties include recoupments, treble damages, fines, and program exclusion. In criminal cases (intentional violations), potential penalties include fines and up to five years in prison for each offense.

2. The Anti-Kickback Statute

The Anti-Kickback Statute (AKS) applies to rebates, referral fees, and other forms of payments from federal programs. It applies to providers, individuals, and other entities who offer, solicit, pay, or receive unlawful payments. Similar to the False Claims Act, it includes provisions for both civil and criminal penalties.

3. The Stark Law

The Stark Law also prohibits payment of referral fees. It applies solely to physician groups and their related health care entities. Also, unlike the Anti-Kickback Statute, the Stark Law is only civil in nature. The Stark Law applies to referral fees paid under the provision of “designated health services,” including:

• Clinical laboratory services
• Physical therapy services
• Occupational therapy services
• Outpatient speech-language pathology services
• Radiology and certain other imaging services

• Ambulatory surgery centers services

• Radiation therapy services and supplies
• Durable medical equipment and supplies
• Parenteral and enteral nutrients, equipment, and supplies
• Prosthetics, orthotics, and prosthetic devices and supplies

• Home health agencies services

• Outpatient prescription drugs
• Inpatient and outpatient hospital services

4. The Controlled Substances Act

The Controlled Substances Act imposes criminal penalties for prescription drug fraud. This includes issuing unnecessary prescriptions, improperly filling prescriptions, and prescription drug diversion. Providers charged under the Controlled Substances Act can face criminal penalties. A health systems violation does not need to be a federal crime to lose your DEA license.

5. The Federal Healthcare Fraud Statute

The healthcare fraud statute, 18 U.S.C. 1347, makes it a criminal offense to, “knowingly and willfully execute[], or attempt[] to execute, a scheme . . . to defraud any healthcare benefit program . . . [or to obtain] money or property owned by, or under the custody or control of, any healthcare benefit program [by false pretenses].” Most violations of 18 U.S.C. 1347 carry a maximum prison sentence of 10 years. However, violations resulting in serious bodily injury carry a maximum sentence of 20 years, and violations resulting in death carry the potential for life behind bars.

6. Other Federal Criminal Statutes

There are a number of other federal statutes that can be part of criminal healthcare fraud probes. These statutes put providers at risk for multiple counts by taking part in fraudulent healthcare-related transactions. Under the criminal conspiracy statute, it’s not necessary to submit a fraudulent claim to face charges. Common charges in criminal healthcare fraud cases include:

• 18 U.S.C. 371 (criminal conspiracy)
• 18 U.S.C. 1028A (identity theft)
• 18 U.S.C. 1341 (mail fraud)
• 18 U.S.C. 1343 (wire fraud)
• 18 U.S.C. 1344 (bank fraud)
• 18 U.S.C. 1357 (money laundering)
• 21 U.S.C. 841 (distribution of controlled substances)
• 26 U.S.C. 7206 (tax fraud)

Is Your Tampa Healthcare Business or Practice Under Investigation?

Do you need legal counsel for an investigation involving the federal government? Here are five reasons you should choose Oberheiden, P.C.:

• We Have Extensive Experience in Federal Healthcare Fraud Investigations. Our Tampa healthcare attorneys have represented clients in federal healthcare fraud investigations across the country.
• We Work with You to Develop a Comprehensive and Custom-Tailored Defense Strategy. Our health care attorneys work with clients personally to craft defense strategies that are designed to succeed.
• We Work Diligently to Resolve Your Investigation Without Charges Being Filed. Our goal is to fully protect our client by ending the government’s investigation with no charges filed.
• We Make Ourselves Available to You 24/7. When our clients need us, we answer the call. You can expect to reach our federal healthcare fraud defense team 24/7.
• We Use our Federal Trial Experience to Fight for You in Court. Many of our Tampa healthcare lawyers are seasoned litigators. We are prepared when it is in our clients’ best interests to go to trial.

If this sounds like your kind of health care law firm, we encourage you to give us a call. Members of our team are ready to begin working with you on your defense strategy today. When you are under federal investigation, every decision you make has an effect. Contact us now to put our Tampa healthcare lawyers’ knowledge of health care industry, health care compliance insights, and health law experience on your side.

Frequently Asked Questions

Request a Free Initial Case Assessment at Oberheiden, P.C.

For more information about our services, please contact our Tampa healthcare lawyers to schedule a free initial case assessment. To discuss your investigation with a member of our federal healthcare fraud defense team in confidence, call 813-322-6783 or tell us how to contact you online.