Tampa Hospice Fraud Defense Attorneys - Oberheiden, P.C.
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Tampa Hospice Fraud Defense Attorneys

Linda Julin McNamara
Attorney Linda Julin McNamara
Tampa Hospice Fraud Defense Team Lead
Former Deputy Chief, Appellate Division
Tampa address – by appointment only:
6320 S. Dale Mabry Highway
Tampa, FL 33611
888-680-1745

The Oberheiden, P.C. is a healthcare law firm with experience in regulatory compliance, litigation,
corporate structuring, criminal and civil government investigations, and criminal defense.
Members of our Healthcare Fraud Defense Team include talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard. Our lawyers serve clients in Tampa, Florida and the surrounding areas.

If you’re under investigation for home healthcare or hospice fraud in Tampa, Florida or the surrounding areas, call Oberheiden, P.C. to speak with our Tampa hospice fraud defense attorneys. Your initial call is free and confidential.

Tampa, Florida Is Closely Scrutinized by the Federal Government

Tampa, Florida is under scrutiny by the federal government’s Medicare Fraud Strike Force. Tampa is in one of nine areas of the nation facing constant supervision. The Medicare Fraud Strike Force is a team of investigators and prosecutors from several agencies. The purpose of this team is to monitor, investigate, and prosecute various types of healthcare fraud.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Home Healthcare and Hospice Fraud in Tampa, Florida

Oberheiden, P.C. provides legal counsel for Tampa, Florida area hospice facilities, home healthcare agencies, business owners, and healthcare providers. Our Tampa hospice fraud defense lawyers have experience in:

  • Medicare audits,
  • Corporate compliance,
  • Internal investigations,
  • Recoupment questions and requests,
  • OIG subpoenas,
  • Grand jury subpoenas,
  • Medicare and Medicaid fraud,
  • Violations of the Anti-Kickback Statute, False Claims Act, and Stark Law,
  • Qui tam defense,
  • HIPAA compliance,
  • DEA investigations,
  • Certifications involving medical necessity,
  • Billing inaccuracies,
  • Overuse of services and equipment,
  • RAC and ZPIC audits, and
  • IRS audits.

Oberheiden, P.C. works with the National Association for Home Care & Hospice (NAHC), the National Center for Assisted Living (NCAL), the National Hospice and Palliative Care Organization (NHPCO), and other related programs. We know the requisites for designation of clinical status, respite care requirements, medical necessity assessments, home bound status, and plan of care reviews.

Civil and Criminal Penalties of Home Healthcare and Hospice Fraud in Tampa

Tampa Hospice Fraud Defense Attorneys Hospice and home healthcare fraud allegations are serious and can have a major effect on your business and career. Civil penalties include:

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

Criminal penalties can include criminal fines in the hundreds of thousands of dollars, 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 to the patient,
  • Life in prison if the fraud resulted in the death of a patient.

If found guilty of incorrectly prescribing medications, improper supervision, or of completing false certifications, you could be excluded from all federal healthcare programs, prohibited from payment, and you could lose your professional license.

The Vital Traits of a Good Tampa Hospice Fraud Defense Lawyer

If under investigation for home healthcare or hospice fraud, you need the right defense attorney. Fraud allegations can ruin your business and career. Choosing the right defense attorney can give you the best possible chance against these allegations. As you consider your options, watch for the following features:

  • Demonstrated knowledge of the rules and regulations related to home healthcare and hospice care. You don’t have time to explain billing, coding, and certification rules to a lawyer who doesn’t have this knowledge.
  • A successful history of resolving healthcare audits and healthcare fraud cases. Your attorney should have a record of successfully negotiating complex healthcare fraud cases. And, experience with various federal agencies such as the OIG, DOJ, HHS, and IRS, is a must.
  • Experienced litigators and trial lawyers. Federal prosecutors will know if your defense lawyer has a good reputation. Ask each potential lawyer how many healthcare fraud trials they’ve managed. And, how many resulted in neither civil, nor criminal penalties for their clients.

Established Home Healthcare and Hospice Fraud Defenses

Oberheiden, P.C. has experience with hundreds of home healthcare and hospice fraud cases. Our dedicated lawyers have experience in healthcare auditing and as former federal healthcare fraud investigators and prosecutors. We use proven defenses for home healthcare and hospice fraud clients in Tampa, Florida and the surrounding areas.

Immediate legal advocacy. When you’re under suspicion, don’t wait to get legal advice. The longer the federal government has to investigate, the more likely you will face criminal charges. Once retained, we begin our advocacy on your behalf. We promptly contact federal prosecutors to get answers to some important questions. Typically, we get answers within a few hours to these questions:

  • 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?

We work to prove that our clients made a mistake. Most investigations in Tampa begin because of a mistake made by a person or a poor business decision. Very few investigations start because someone set out to commit fraud. The most common errors we see include:

  • The use of unqualified or overwhelmed staff,
  • Negligence,
  • Supervision errors, and
  • Lacking information on frequently changing rules.

Thankfully, our court system acknowledges that sometimes good people make mistakes. Mistakes happen, but you should not face criminal charges as long as you make necessary corrections. The federal government has the burden of proof to prove that you committed a crime and did so with intent. We analyze the evidence presented by the federal government to determine if it meets this high standard. Our goal is to prove that our clients may have made a mistake, but did not act with criminal intent.

Showing the appropriate certifications. Most Tampa, Florida cases of this type include an allegation the provider incorrectly certified or re-certified services. Oberheiden, P.C. uses known legal exceptions and delegation rules to prove that your actions were appropriate. The federal government is aware of these exceptions, but they rarely note them in their complaint or arguments. Oberheiden, P.C. uses industry authorities and our trial experience to explain rules governing medical necessity.

We work to protect your professional reputation. One of the biggest concerns our clients have is their professional reputation. Clients worry the public may question the quality of their services because of fraud allegations. Oberheiden, P.C. is committed to protect our clients’ reputation both inside and outside the courtroom. The media sometimes give biased reports about our clients. Our Tampa hospice fraud defense lawyers address the issue and seek chances to correct misinformation. Our goal is to protect your professional reputation.

Our Track Record

Our clients range from individual providers to entire healthcare systems. We represent clients in Tampa, FL and surrounding areas who are under investigation by the Department of Justice (DOJ), the Department of Defense (DOD), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Office of Inspector General (OIG), the Medicaid Fraud Control Unit (MFCU), Tampa and Florida law enforcement, or the Internal Revenue Service (IRS).

  • Defense of Healthcare Service Business Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Justice and the FBI for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Justice and the FBI for Medicare Fraud and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Defense and the FBI for Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Defense and the OIG for Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Physician Syndication Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud and Stark Law.
    Result: No civil or criminal liability.
  • Defense of Physician Investigated by the Department of Health and Human Services and the Office of Inspector General for Medicare Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Defense of Physician Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Office of Inspector General for Medicare Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Defense of Healthcare Organization Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Marketing Group Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud, Stark Law Violations, and False Claims Act Violations.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Service Business Investigated by the Department of Health and Human Services and the Office of Inspector General for Medicare and Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Healthcare Conglomerate Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.

Our Tampa hospice fraud defense attorney is available every day of the year for our clients. Call us directly, complete our contact form, or email us.

888-680-1745
Including Weekends
Oberheiden, P.C.
Serving Tampa, Florida and Surrounding Areas
www.federal-lawyer.com

Additional Pages for Tampa, Florida

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Email Us 888-680-1745 866-781-9539
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