Lawyers for Urgent Care Facilities - Federal Lawyer
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Lawyers for Urgent Care Facilities

Our Lawyers Represent Urgent Care Facilities in All Federal Healthcare Compliance and Defense Matters

Lynette Byrd
Attorney Lynette S. Byrd
Urgent Care Facilities Team Lead
Former DOJ Attorney
envelope icon Contact Lynette

Urgent care facilities serve an essential role in the healthcare system. When a patient cannot wait for an appointment with their primary care physician, visiting an urgent care for medical treatment is a great alternative. But, like all healthcare providers, they are subject to stringent rules and requirements at the federal level, and failure to comply with these rules and requirements can leave urgent care clinics (and potentially urgent care owners and executives) facing steep penalties.

At Oberheiden P.C., our lawyers for urgent care facilities provide assistance with all aspects of federal healthcare compliance, including representing urgent care centers. Whether you are preparing to open a new urgent care facility or your existing urgent care facility needs experienced compliance counsel, we can help. Our lawyers represent clients in federal audits and investigations as well. If you need to respond to an inquiry from an audit contractor working with the Centers for Medicare and Medicaid Services (CMS), the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG), or any other federal authority, our lawyers can use their experience to help you avoid unnecessary consequences.

Along with providing representation in the areas of federal compliance and defense, we assist urgent care facilities with corporate matters and other types of disputes and litigation as well. Regardless of your urgent care facility’s needs, the team at Oberheiden P.C. has the experience, capabilities, and resources required to provide diligent and cost-effective representation.

Federal Healthcare Compliance for Urgent Care Facilities

A major part of our practice involves representing urgent care facilities and other regulated facilities in the area of federal healthcare compliance. When serving as compliance counsel, we take a comprehensive and custom-tailored approach focused on helping our clients manage their compliance-related risk as efficiently as possible. To ensure that our clients are meeting their compliance obligations, and to ensure that our clients are not wasting resources on compliance efforts that are unnecessary, we take a comprehensive approach that involves:

  • An initial compliance needs assessment
  • Development of custom-tailored compliance policies, procedures, and protocols
  • Assistance with compliance program implementation and training
  • Assistance with compliance monitoring, auditing, and enforcement
  • Ongoing compliance management assistance, including documentation and program updates

Through this approach, we are consistently able to help urgent care facilities and other clients effectively manage compliance in the areas of:

Medicare and Medicaid Billing Compliance

Strict compliance with the Medicare and Medicaid billing regulations is essential for urgent care facilities and all other healthcare providers. Both CMS and HHS OIG strictly enforce Medicare and Medicaid billing compliance; and, while billing violations can lead to recoupments if the healthcare provider gets caught, they can also lead to additional financial and non-financial penalties. These penalties include:

  • Denial of pending claims
  • Prepayment review
  • Temporary or permanent Medicare and Medicaid exclusion
  • Civil or criminal fines under the False Claims Act
  • Federal imprisonment

To help urgent care facilities (and their owners and executives) avoid these penalties, we work closely with their billing managers and other key personnel to implement policies, procedures, and protocols that facilitate compliance as a matter of course. We also help ensure that our clients are thoroughly documenting their billing compliance efforts, and we assist our clients with conducting periodic attorney-client privileged billing audits to ensure that they are not exposing themselves to CMS or HHS OIG enforcement.

Tricare and DOL Billing Compliance

For urgent care facilities that bill Tricare and the U.S. Department of Labor, we assist with compliance management under these federal billing programs as well. Here too, noncompliance can have significant ramifications, so it is essential that urgent care facilities are confident that they are taking all of the necessary steps to properly bill for all medical services and items provided.

Privacy and Patient Recordkeeping Compliance

Privacy and patient recordkeeping compliance are essential as well; and, with patients more aware of their privacy rights than ever before, this is an increasingly important area of compliance for urgent care facilities and other providers. Our lawyers assist with managing compliance under the Health Insurance Portability and Accountability Act (HIPAA) and all other pertinent federal laws and regulations.

Prescription Drug Compliance

Our lawyers assist urgent care facilities with all aspects of prescription drug compliance, from applying for and managing their registrations with the U.S. Drug Enforcement Administration (DEA) to complying with the Controlled Substances Act (CSA) and Drug Supply Chain Security Act (DSCSA). We help our clients implement compliant drug storage and dispensing protocols, and we assist with diversion control and other pertinent matters as well.

Anti-Kickback Statute and Stark Law Compliance

Anti-Kickback Statute and Stark Law compliance are essential—and often overlooked—aspects of federal healthcare compliance. Under these statutes, urgent care facilities and other providers are prohibited from entering into compensated relationships for patient referrals, unless a specific exception or “safe harbor” applies. Our lawyers can review your facility’s current contracts to determine if they raise Anti-Kickback Statute or Stark Law concerns, and we can assist with effectively managing compliance on an ongoing basis.

Other Healthcare Compliance Matters

Along with the matters covered above, we routinely assist urgent care facilities with numerous other areas of healthcare compliance as well. If you have questions or concerns about any of the following, we encourage you to schedule a complimentary consultation with a senior lawyer at Oberheiden P.C.:

  • Insurance and patient billing
  • Laboratory testing
  • Licensing and regulatory matters
  • Telehealth and telemedicine
  • Maintaining documentation of compliance

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)

Defense for Urgent Care Facilities Facing Federal Audits and Investigations

Federal audits and investigations can present substantial risks for urgent care facilities; and, in many cases, they can present risk for facilities’ owners and executives as well. As a result, urgent facilities need to ensure that they are thoroughly prepared to face scrutiny from auditors or federal agents when necessary.

In addition to providing compliance representation, our lawyers also defend urgent care facilities during audits and investigations conducted by CMS auditors (i.e., MACs, RACs, and UPICs), HHS OIG, and other authorities. We have extensive experience in this area as well—and, as many of our lawyers and consultants previously worked for HHS OIG, the U.S. Department of Justice (DOJ), and other federal agencies, we are extremely well-versed in the federal healthcare audit and investigation procedures. If your urgent care facility is facing an audit or investigation, we encourage you to contact us right away so that we can intervene in the process and get to work on your facility’s defense.

General Corporate Matters and Business Litigation

Along with representing urgent care facilities with respect to federal healthcare-related matters, we also provide representation for general corporate matters and business litigation. Our lawyers are available to assist urgent care facilities with matters such as:

  • Medical malpractice litigation
  • Disputes between urgent care facility shareholders
  • Employment-related investigations and litigation
  • Commercial litigation with equipment vendors and other parties
  • FDA and EPA compliance

As a full-service compliance and defense law firm, we serve as outside general counsel to many types of healthcare entities, and this arrangement proves to be most cost-effective in many cases. But, we also represent many of our clients on an as-needed basis. We can structure our relationship in the way that makes the most sense for your urgent care facility, and we are more than happy to make adjustments as your facility’s needs change over time.

FAQs: What Urgent Care Facilities Need to Know About Federal Healthcare Compliance

What Are the Key Areas of Compliance for Urgent Care Facilities?

Like all healthcare providers in the United States, urgent care facilities have numerous compliance obligations. These include obligations in the areas of billing compliance, prescription drug compliance, and recordkeeping compliance, among many others. All of these obligations are equally important, as any compliance failures can expose a facility to financial liability and other penalties.

How Can Urgent Care Facilities Effectively Manage Federal Healthcare Compliance?

For urgent care facilities, effectively managing federal healthcare compliance involves working with a law firm that has extensive experience in this area. At Oberheiden P.C., all of the lawyers and consultants in our federal healthcare practice group have a deep understanding of urgent care facilities’ federal compliance obligations.

What Are the Risks of Non-Compliance for Urgent Care Facilities and Other Providers?

Regarding federal healthcare compliance, the risks of non-compliance range from suspension of registration and privileges (in the case of DEA or Medicare non-compliance) to recoupments, fines, and even federal prison time for the individuals involved. At Oberheiden P.C., we rely on our experience in both the public and private sectors to help our clients avoid these (and other) consequences.

What Should I Do if My Urgent Care Facility is Being Audited?

If your urgent care facility is facing an audit, you should engage experienced legal counsel promptly. Billing audits can present substantial risks, and targeted facilities must take a proactive approach to avoiding unnecessary consequences.

What Should I Do if My Urgent Care Facility Received a Subpoena or Target Letter from HHS OIG?

If you own or manage an urgent care center and you have received a subpoena or target letter from HHS OIG, you should engage experienced legal counsel promptly in this scenario as well. Here too, time is of the essence, and you need to ensure that you are making informed decisions about how best to handle the situation at hand.


Contact the Lawyers for Urgent Care Centers at Oberheiden P.C.

To learn more about how we represent urgent care centers, schedule a complimentary initial consultation today. Call 888-680-1745 or contact us online to speak with a senior lawyer at Oberheiden P.C. in confidence as soon as possible.

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