Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Legal Defense for Home Health Care and Hospice Fraud in Laredo, Texas

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 Laredo as well as throughout Texas State.

If you’re in Laredo, Texas and being investigated for home health care or hospice fraud, you should immediately contact Oberheiden & McMurrey, LLP. We are a Texas law firm practicing health care fraud defense. We also have 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, and elite former lead prosecutors of the Medicare Fraud Strike Force.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. Dr. Oberheiden provides legal assistance to clients in and around Garland, Dallas, Mesquite, Richardson, and McKinney, Texas. Dr. Oberheiden is a recognized health care fraud defense attorney and is the managing partner of Oberheiden & McMurrey, LLP.

Lawyers who are part of our Health Care Fraud Defense Team are highly accomplished, with former experience in health care auditing and federal health care prosecution.

Laredo, Texas Is Watched by the Medicare Fraud Strike Force

Laredo, Texas is watched by the Medicare Fraud Strike Force. It is one of nine areas in the United States that undergoes constant monitoring by this agency. The Medicare Fraud Strike Force is a combined team of prosecutors and investigators from several 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 various instances of health care fraud.

Home Health Care and Hospice Fraud in Laredo, Texas

Oberheiden & McMurrey, LLP provides legal advocacy in home health care and hospice fraud investigations for home health care businesses and agencies, hospice facilities, business owners, and health care providers in Houston, Texas and the surrounding areas. Our firm is also able to assist with corporate compliance, internal investigations, Medicare audits, recoupment requests and questions, and civil or criminal government investigations. Additionally, we are experienced 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 partners 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 have a deep understanding of the requirements for certification and re-certification, determination of clinical status, respite care requirements, homebound evaluations, medical necessity, conditions of coverage, and requirements for plan of care.

The Penalties of Home Health Care and Hospice Fraud in Laredo, Texas

Home health care and hospice providers and businesses in Laredo, Texas and the surrounding areas that are being investigated for fraud may face civil or criminal penalties. Civil penalties may include repayment of claims, non-payment of future claims, civil fines of up to $11,000 per claim, exclusion from federal health care programs, treble damages, and attorney fees. Criminal punishments may include costly fines, a criminal record, and a federal prison sentence 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 medication, improper supervision, or of providing a false certification, you may be excluded from all federal health care programs, prohibited from receiving reimbursements, and you may have your professional license suspended or revoked.

Characteristics of the Right Laredo, Texas Defense Attorney

It is necessary for you to choose the right Laredo, Texas defense attorney. Choosing the right defense attorney is your best tool against the federal government’s allegations. The right Laredo defense attorney will display the following characteristics:

  1. Being familiar with the rules and regulations related to home health care and hospice care.
  2. Presents a track record of success in resolving health care audits, fraud investigations, and negotiating complex health care fraud cases involving the OIG, HHS, IRS, and DOJ.
  3. Has excellent litigation skills and trial experience. Federal prosecutors will know if you have a good attorney. Make sure that you ask each potential attorney how many Medicare fraud cases they’ve handled that resulted in no civil or criminal liabilities for their clients.

Established Home Health Care and Hospice Fraud Defenses

Legal advocacy begins immediately. If you’re being investigated for home health care or hospice fraud, you shouldn’t wait to contact Oberheiden & McMurrey, LLP. We reach out immediately on behalf of our clients to begin to advocate on their behalf. We ask the important questions and can often get answers within just a few hours:

  • What started the investigation?
  • Is the investigation civil or criminal?
  • Is prison time a possibility?
  • What can be done to resolve the investigation?

Proving our clients made a mistake. Most home health care or hospice fraud investigations in Laredo, Texas and the surrounding areas begin because a person or a business makes a mistake. The most common mistakes are the reliance of overwhelmed and unqualified staff members, negligence, supervision errors, and being unfamiliar with the constantly changing rules. The mistakes are often made when home health care or hospice businesses grow quickly. The court system acknowledges that making a mistake is possible. That’s why the federal government must meet a high burden of proof to show that you committed a crime. Oberheiden & McMurrey, LLP works to prove that our clients made a mistake and did not act with criminal intent.

Safeguarding your reputation. Most of our Laredo clients are concerned about their professional reputation. They are right to be concerned because the media is giving biased information and often doesn’t give the public all of the information related to a story. Oberheiden & McMurrey, LLP works to safeguard your reputation. We address slander on behalf of our clients, and we look for occasions to correct misinformation that is given.

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 Laredo, 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 Laredo, Texas and Surrounding Areas
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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