Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Experienced Defense for Home Health Care and Hospice Fraud Serving the Houston Area

The Oberheiden & McMurrey, LLP is a health care law defense firm with significant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Among our attorneys are the former Chief Health Care Fraud Coordinator at the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, and former lead prosecutors of the elite Medicare Fraud Strike Force, Our attorneys serve clients in Houston as well as throughout Texas State.

If you’re in Houston, Texas and you’re under investigation for home health care or hospice fraud, you should contact Oberheiden & McMurrey, LLP. Oberheiden & McMurrey, LLP is a Texas law firm practicing in health care fraud defense. We have substantial experience in OIG and grand jury subpoenas, Medicare and Tricare audits, fraud allegation defense, internal investigations, compliance programs, qui tam defense, protection of assets, criminal defense, and in jury trials. Our Health Care Fraud Defense Team includes lawyers with extensive and impressive backgrounds, including a former Chief Health Care Fraud Coordinator for the U.S. Attorney’s Office, several former health care fraud prosecutors, elite former lead prosecutors of the Medicare Fraud Strike Force, and accomplished lawyers with leading education from law schools in the United States.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. Dr. Oberheiden provides legal assistance to clients in Houston and throughout Texas. Dr. Oberheiden is a health care fraud defense attorney and is the managing partner of Oberheiden & McMurrey, LLP.

Members of our Health Care Fraud Defense Team are accomplished lawyers with former experience in health care auditing and federal health care prosecution.

Houston, Texas Is Directly Monitored by the Medicare Fraud Strike Force

Houston, Texas is directly monitored by the Medicare Fraud Strike Force. In fact, it’s just one of nine areas in the United States that undergoes such close and constant scrutiny. The Medicare Fraud Strike Force is a team of investigators and prosecutors from multiple federal agencies, including the Department of Justice, Department of Health and Human Services, the Office of Inspector General, the FBI, the IRS, and may also include representatives from other federal agencies. The objectives of this agency are to watch for, investigate, and prosecute varying instances of health care fraud.

Home Health Care and Hospice Fraud in Houston, Texas

Oberheiden & McMurrey, LLP provides home health care and hospice fraud defense representation to home health care businesses and agencies, hospice facilities, business owners, and health care providers in Houston, Texas and the surrounding areas. We also assist with issues involving corporate compliance, internal investigations, Medicare audits, recoupment questions and requests, and civil or criminal government investigations. We also have experience with:

  • OIG subpoenas
  • Grand jury subpoenas
  • Medicare fraud
  • Medicaid fraud
  • Violations of the Anti-Kickback Statute
  • Violations of the False Claims Act
  • Qui tam defense
  • Violations of Stark Law (Self-Referral Law)
  • HIPAA compliance
  • DEA investigations
  • Certifications involving medical necessity
  • Inaccuracies in billing
  • Overbilling
  • Overuse of medical services
  • Overuse of medical equipment
  • RAC audits
  • ZPIC audits
  • IRS investigations

Oberheiden & McMurrey, LLP works directly with several related organizations including the National Association for Home Care & Hospice (NAHC), the National Hospice and Palliative Care Organization (NHPCO), the National Center for Assisted Living (NCAL), and other related home health care and hospice programs. We understand the requirements of certification and re-certification, determination of clinical status, respite care requirements, homebound evaluations, medical necessity, conditions of coverage, and plan of care requirements.

What Are the Penalties of Home Health Care and Hospice Fraud in Houston, Texas?

Home health care and hospice providers and businesses in Houston, Texas or the surrounding area that are under investigation for home health care or hospice fraud may face civil or criminal penalties. Civil penalties may include requests for repayment, non-payment of future claims, civil fines up to $11,000 per false claim, future exclusion from federal health care programs, assignment of treble damages, and attorney fees. Criminal punishments may include expensive fines, 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

Additionally, if you’re found guilty of incorrectly prescribing medications, improper supervision, or of providing a false certification, you may be excluded from all federal health care programs, prohibited from receiving reimbursement, and your professional license may be suspended or revoked.

Three Characteristics of the Right Houston Defense Lawyer

The penalties for home health care and hospice fraud are serious. It is an absolute necessity to choose the right Houston defense lawyer. This type of allegation can forever tarnish the reputation of your business. Choosing the right Houston defense lawyer gives you the best possible chance of being successful against these allegations and rebuilding your reputation. The right Houston defense lawyer will display the following three characteristics:

  1. Familiarity with the rules and regulations of home health care and hospice care.
  2. A track record of successful resolution of health care audits, fraud investigations, and negotiating complex health care fraud cases involving the OIG, HHS, IRS, and DOJ.
  3. Excellent litigation skills and trial experience. Federal prosecutors will know whether your lawyer is any good. Make sure that you ask each candidate how many Medicare fraud cases that they’ve handled that resulted in no civil or criminal liabilities for their clients.

Compelling Home Health Care and Hospice Fraud Defense Strategies

Oberheiden & McMurrey, LLP has handled thousands of fraud cases and hundreds of criminal cases. Several of the members of our Health Care Fraud Defense Team are experienced in health care auditing. They also have experience as former federal health care investigators and prosecutors. This blend of experience has led us to develop compelling home health care and hospice fraud defense strategies.

Immediate contact. If you’re being investigated for home health care or hospice fraud, don’t wait to call us. Oberheiden & McMurrey, LLP will reach out immediately to federal prosecutors on your behalf once we are retained. We ask the important questions to get the answers you want. Often, we can get answers to the following questions within just a few hours:

  • What triggered the investigation?
  • Is it a civil or criminal matter?
  • Are you facing prison time?
  • What can be done to resolve the matter?

Showing our clients did not commit a crime. Most home health care and hospice fraud investigations in Houston start because of a business mistake or human error. The most common mistakes made include relying on overwhelmed or unqualified staff, negligence, supervision errors, and being unfamiliar with the constantly changing rules. These mistakes are most often made when home health care and hospice businesses expand at a rapid rate. The court system acknowledges that mistakes may happen. That is why the federal government must meet a high burden of proof to prove that you committed a crime. Oberheiden & McMurrey, LLP analyzes the evidence in each case to determine if that standard can be met.

Appropriate certifications. A large number of home health care and hospice fraud cases that happen in Houston and the surrounding area claim that the business owner or provider incorrectly certified or re-certified medical necessity. This allegation is hard to prove. Oberheiden & McMurrey, LLP uses industry authorities, along with our practice trial experience, to explain certification exceptions and delegation rules to a judge or jury. These exceptions are legal, but the federal government often leaves them out of their complaint and their arguments.

Protecting your reputation. Most of our clients are rightfully concerned about their professional reputation. The media often gives biased reports. Our attorneys address slander on behalf of our clients and look for opportunities to correct misinformation.

Our Track Record

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

  • Defense of Health Care 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 Health Care Service Business Investigated by the Department of Justice and the FBI for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care 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 Health Care Service Business Investigated by the Department of Defense and the FBI for Tricare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care 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 Health Care Service Business Investigated by the Office of Inspector General for Medicare Fraud and Stark Law Violations.
    Result: No civil or criminal liability.
  • Defense of Health Care Organization Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.
  • Defense of Health Care 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 Health Care 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 Health Care 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 Health Care Conglomerate Investigated by the Department of Justice and the Office of Inspector General for Medicare Fraud.
    Result: No civil or criminal liability.

Home Health Care and Hospice Fraud Defense Lawyers Serving Houston, Texas

Nick OberheidenNick Oberheiden has successfully represented health care executives, business owners, public officials, physicians, and lawyers in high profile prosecutions, during accusations of political corruption, government investigations, and directed media campaigns, including 60 Minutes. In addition to his health care defense practice, Dr. Oberheiden leads internal investigations, implements corporate compliance programs, and teaches U.S. criminal law and federal litigation in the United States and abroad.

Lynette ByrdLynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients greatly benefit from Ms. Byrd’s experience from the Department of Justice, where she prosecuted health care fraud, Anti-Kickback violations, False Claims Act, and Stark violations on behalf of the United States. Ms. Byrd has immense experience with health care law enforcement, and she regularly argues federal matters for her clients.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

800-810-0259
Including Weekends
Oberheiden & McMurrey, LLP
 
Serving: Westbury, Chinatown, Sharpstown, Braeburn, Missouri City and ALL of Houston!
Zip Codes: 77096, 77074, and 77071 – and ALL of Houston!
www.federal-lawyer.com
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 & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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