Tampa Medicare Fraud Defense Lawyers - Oberheiden, P.C.
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Tampa Medicare Fraud Defense Lawyers

Linda Julin McNamara
Attorney Linda Julin McNamara
Tampa Medicare 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

Oberheiden, P.C. is a healthcare law defense firm with experience in regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. The firm is a team of talented attorneys with years of relevant experience and education from the country’s best schools such as Harvard and Yale Law Schools. Our attorneys serve clients in Tampa as well as throughout Florida.

Healthcare providers and healthcare businesses face serious risk in Tampa, Florida. They’re at a higher risk of accusations of committing Medicare fraud. Tampa, Florida is one of the areas in the United States closely watched by the federal government. If you’re under investigation for Medicare fraud, you need an experienced team of lawyers to advocate for you. Oberheiden, P.C. is a healthcare fraud defense law firm providing legal assistance for Tampa and surrounding areas. It is managed by Dr. Nick Oberheiden, a Harvard-trained defense attorney and negotiator.

What You Need to Know About Medicare Fraud in Tampa, Florida

If you’re being accused of Medicare fraud, you’re facing allegations of violating federal law. By definition, Medicare fraud is a false claim submitted to the federal government for payment. Despite the name, it covers more than Medicare. It includes Medicaid, Tricare, and federal workers’ compensation and is a violation of at least one of the following federal statutes:

  • Physician Self-Referral Law (Stark Law)
  • False Claims Act
  • Anti-Kickback Statute
  • U.S. Criminal code
  • Social Security Act

Tampa, Florida has more Medicare fraud investigations than most other locations in the United States. It is one of fifteen areas closely watched by the Medicare Fraud Strike Force. This is due to the large number of federal healthcare beneficiaries in Tampa and the surrounding area. More beneficiaries mean more claims filed with the federal government. The large number of claims leads the federal government to believe there is a higher likelihood of Medicare fraud. The job of the Medicare Fraud Strike Force is to identify, investigate, and prosecute Medicare fraud.

How Do Most Allegations Start in Tampa?

Medicare fraud investigations in Tampa, Florida often begin because of billing mistakes. These mistakes are flagged by the federal government as fraudulent billing practices and reimbursement requests. These claims often include excessive charges, fraudulent charges, and unauthorized charges. The most common billing issues include:

  • Phantom billing (billing for services that weren’t performed)
  • Billing for medically unnecessary services or equipment
  • Billing for equipment or services that weren’t ordered
  • Certifications for medically unnecessary supplies or services (such as medical devices or hospice care)
  • Charge inflation
  • Double billing for equipment, services, or treatment
  • Upcoding for equipment, services, disorders, or treatment
  • Overuse of services or equipment
  • Providing or accepting kickbacks

Any type of medical provider, company, entity, or business may come under investigation by federal agencies. If you’re under investigation for Medicare fraud, call Oberheiden, P.C. now to book your confidential and free initial consultation.

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)

Civil and Criminal Penalties

Medicare fraud in Tampa, Florida can include civil and criminal penalties. In some cases, those investigated will face both. Civil penalties can include one or more of the following:

  • Assessment of treble damages
  • Civil fines of up to $11,000 per false claim
  • Recoupment requests
  • Non-payment of future claims
  • Exclusion from federal healthcare programs
  • Assessment of attorney fees
  • State disciplinary action
  • Loss of professional license
  • Loss of hospital privileges

Criminal penalties are quite serious because they can end your career. You can face one or more of the following if convicted of criminal Medicare fraud:

  • A criminal record
  • Fines that cost you hundreds of thousands of dollars
  • 10 years in federal prison for each count of Medicare fraud for which you are convicted
  • 20 years for each count of Medicare fraud resulting in serious bodily injury
  • A life sentence if the Medicare fraud results in death

Tampa Medicare Fraud Defense Lawyers

The Importance of Choosing the Right Tampa Medicare Fraud Defense Attorney

You need the right Tampa Medicare fraud defense lawyer to plan and carry out the best strategic defense for your case. You need a legal advocate who can help whether your case is civil or criminal.

Medicare fraud investigations often lead many to hire a Tampa, Florida healthcare attorney. Although a healthcare attorney does work in the industry, he or she may not have the experience or knowledge of federal criminal charges. Did you know that Medicare fraud is often charged along with other federal crimes, such as tax evasion, money laundering, and mail fraud? A healthcare attorney may not have the negotiation and trial skills to settle or to face federal prosecutors during a trial.

When criminal charges seem likely, many seek out a Tampa criminal defense attorney. Yet, most criminal defense attorneys in the area aren’t experienced with federal criminal matters. Many criminal defense attorneys don’t have knowledge or industry experience in healthcare law, billing, coding, or medical utilization rules.

As you seek legal counsel, look for someone who can provide you with both healthcare law and has federal criminal law experience. A Tampa Medicare fraud defense attorney is the ideal choice. We suggest you watch for these key traits:

  • A proven record of success in Medicare fraud cases
  • Industry knowledge
  • Deep familiarity with healthcare laws and their exceptions
  • Litigation and trial experience

Next, you should ask the following three questions to learn more about their Medicare fraud experience:

  • How many Medicare fraud cases have you handled during your career?
  • How many of those cases resulted in neither civil, nor criminal charges, or in dismissals?
  • How many Medicare fraud cases have you tried in court?

Tampa, Florida Medicare Fraud Defenses

Oberheiden, P.C. uses proven and strategic Medicare fraud defenses for our clients in Tampa, Florida and the surrounding area. We’ve developed three primary strategies to use in each case. We’ve proven the effectiveness of these strategies on many occasions.

Early contact. Early contact with the federal government is one of the best ways we can advocate on our clients’ behalf. Contact and negotiations early in a case can reduce the likelihood of criminal charges. When federal investigators have time to investigate at length, you’re more likely to face criminal charges. Our goal is to lessen that risk. This is why we contact the federal government quickly to get answers to important questions like:

  • What is the investigation about?
  • What prompted the investigation?
  • Is this civil or criminal?
  • Which federal agencies are involved in the investigation?
  • Who is being investigated?
  • How can the matter be resolved?

Many of our team members held senior positions as federal healthcare fraud prosecutors with the Department of Justice. These contacts help us get answers to questions within hours of our engagement. This is also a key step in forming a plan to best assist our Tampa clients.

Lack of evidence. Evidence must be presented by the federal government. This evidence must prove beyond a reasonable doubt that you’ve committed a crime. In each case, we look at the evidence that the federal government provides, and test if it meets the legal standard. Because we use this strategy on each case, we regularly see the following results:

  • Case dismissal
  • No criminal charges
  • Clients maintain their professional license
  • Civil fine without a criminal plea
  • Reducing a felony to a misdemeanor
  • No prison time

Lack of criminal intent. The federal government must also show that you’ve acted with criminal intent. This is difficult since most Medicare fraud cases in Tampa, Florida don’t start because someone had the intention of defrauding the government. They most often begin because of a mistake made by an individual or a business. The most commonly occurring mistakes in Tampa and the surrounding area include:

  • Relying on unqualified or untrained staff
  • Inadequate supervision of staff
  • Delegation and outsourcing of work to unqualified entities
  • Business errors
  • Human error
  • Oversight
  • Overwhelmed staff
  • Lack of a Medicare compliance program
  • Failure to keep up with the quickly changing healthcare laws and rules

Healthcare providers and businesses in Tampa accused of Medicare fraud often accept the penalties against them, despite no proof of criminal intent. While you may need to correct mistakes made that caused the investigation, you should not face criminal penalties for a mistake. Our goal is to show the federal government that our clients did not act with criminal intent.

Using strategic defenses. Each Tampa Medicare fraud case that we take on is different because they all have a distinct set of facts. Oberheiden, P.C. takes time to analyze each case to determine the best defense available. We recently handled a Medicare fraud case where the government accused our client of fraudulently certifying home healthcare services. We proved to the government that our client was protected by a recognized delegation exception. That exception rendered the certification fully compliant within the law. In another case, we refused to admit liability. We proved to federal prosecutors that our client acted within a safe harbor exception.

Oberheiden, P.C.

Oberheiden, P.C. serves Tampa, Florida and the surrounding area with professional Medicare fraud defense. We’ve assisted many types of healthcare businesses and providers under investigation for illegal kickbacks and fraudulent billing practices. We also help with allegations of medically unnecessary services, services not rendered, and unlawful joint ventures. In addition, we can help with:

  • Healthcare fraud defense
  • Compliance program creation and implementation
  • Internal investigations
  • Asset protection
  • Licensure or disciplinary proceedings
  • Jury trials

Oberheiden, P.C. provides legal representation of providers, businesses, and facilities in Tampa and the surrounding area. If you’re under investigation by a federal government agency, or Florida State law enforcement, call us right away. We provide free and confidential initial consultations.

Our Track Record

  • Defense of Medicare laboratory against investigations by the Department of Justice and the U.S. Attorney’s Office for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of a healthcare services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of Medicare laboratory against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Healthcare Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating healthcare company against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of healthcare marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a laboratory against an investigation by various branches of the federal government for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations. Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged False Claims Act violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by various branches of the federal government for alleged False Claims Act, Stark Law, and Medicare violations.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Defense for alleged Tricare fraud.
    Result: No civil or criminal liability.
  • Defense of a physician-owned entity against an investigation by the Department of Justice for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of physician-owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability.
  • Defense of healthcare management organization against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of nationally operating laboratory against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability.

Our Tampa Medicare fraud defense attorneys are available every day of the year. Call us directly or complete our online contact form.

888-680-1745
Including Weekends
Oberheiden, P.C.

Serving: Brandon, Lakeland, Land O’ Lakes, Largo, Palm Harbor, Pinellas Park, Riverview, Spring Hill, St. Petersburg, Tampa, Tarpon Springs, Valrico, Wesley Chapel

Zip Codes: 33508, 33509, 33510, 33511, 33543, 33544, 33545, 33568, 33569, 33578, 33579, 33594, 33595, 33596, 33601, 33602, 33603, 33604, 33605, 33607, 33608, 33609, 33610, 33611, 33612, 33613, 33614, 33615, 33616, 33617, 33619, 33620, 33621, 33622, 33623, 33629, 33630, 33631, 33633, 33634, 33701, 33703, 33704, 33705, 33710, 33712, 33713, 33770, 33771, 33772, 33773, 33774, 33775, 33776, 33777, 33778, 33779, 33780, 33781, 33782, 33801, 33802, 33803, 33804, 33805, 33806, 33807, 33808, 33809, 33810, 33811, 33812, 33813, 33814, 33815, 34604, 34605, 34606, 34607, 34608, 34609, 34610, 34611, 34612, 34613, 34637, 34638, 34639, 34682, 34683, 34684, 34685

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.
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