Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Experienced Home Health Care and Hospice Fraud Defense Serving the State of Louisiana

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 the state of Louisiana and surrounding areas.

If you’re under investigation for home health care or hospice fraud in Louisiana, contact Oberheiden & McMurrey, LLP. We have the required legal experience you need during health care fraud defense, Medicare and Tricare audits, protection of assets, compliance programs, jury trials, fraud allegation defense, qui tam defense, OIG and grand jury subpoenas, criminal defense, and internal investigations. Our Health Care Fraud Defense Team includes 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.

Call Oberheiden & McMurrey, LLP right away if you’re being investigated for home health care or hospice fraud in Louisiana. Ask to speak with a member of our Health Care Fraud Defense Team. The call is free and confidential.

Louisiana Is Clearly Monitored by the Medicare Fraud Strike Force

The State of Louisiana is closely monitored by the Medicare Fraud Strike Force. It is only one of nine locations in the nation that is constantly watched by this federal team of investigators and prosecutors. This team is made up 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. Their job is to monitor, investigate, and ultimately prosecute instances of health care fraud.

Home Health Care and Hospice Fraud in Louisiana

Oberheiden & McMurrey, LLP provides legal advocacy for hospice facilities, home health care agencies, business owners, and medical professionals in Louisiana. We also provide assistance with corporate compliance matters, internal investigations, Medicare audits, recoupment requests and questions, and civil or criminal government investigations. We’re also experienced in handling:

  • 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
  • Billing inaccuracies
  • Overbilling
  • Overuse of services
  • Overuse of equipment
  • RAC audits
  • ZPIC audits
  • IRS investigations

Our law firm partners with 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 programs. Our attorneys are deeply familiar with the requirements of certification, re-certification, clinical status determinations, respite care, homebound evaluations, medical necessity, conditions of coverage, and plan of care requirements.

Penalties of Home Health Care and Hospice Fraud in Louisiana

If you’re being investigated for home health care or hospice fraud in Louisiana, you may face charges in civil or criminal court. Both courts have stiff penalties for those found guilty of either home health care or hospice fraud in Louisiana. Civil penalties include civil fines of up to $11,000 per false claim, recoupment requests, non-payment of claims, future exclusion from all federal health care programs, treble damages, and attorney fees. Criminal penalties may include costly criminal fines in the hundreds of thousands of dollars, criminal indictment, and the potential of a federal prison sentence:

  • 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 you’re convicted of incorrectly prescribing medications, improper supervision of others, or false certification, you may be excluded from federal health care programs, prohibited from receiving reimbursement, and you may have your professional license suspended or revoked.

Essential Traits of the Right Louisiana Defense Attorney

You must choose the right Louisiana defense attorney if you’re facing home health care or hospice fraud allegations. The right Louisiana defense attorney can represent you to the federal government, the media, and the public. Essential traits of the right Louisiana defense attorney include:

  1. Deep familiarity with the rules and regulations related to 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, DOJ, and IRS.
  3. Excellent litigation skills and trial experience. Ask each candidate how many health care fraud trials and Medicare fraud cases have they handled that resulted in no civil and no criminal liabilities for their clients.

Essential Defense Strategies for Home Health Care and Hospice Fraud

Oberheiden & McMurrey, LLP has handled thousands of health care fraud cases and tried several hundred criminal cases. Members of our health care Fraud Defense Team have experience in health care auditing and as former federal health care prosecutors. This experience has enabled us to develop essential defense strategies for our clients facing home health care or hospice fraud allegations.

Immediate contact with federal prosecutors. If you’re being investigated for home health care or hospice fraud in Louisiana, you should not wait to act. Oberheiden & McMurrey, LLP will contact federal prosecutors immediately on behalf of our clients. This reduces the amount of time the federal government has to build their case. We get answers to some of the most important questions usually within hours:

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

Getting the answers to these questions helps our law firm develop the right defenses for your case.

Proving our clients made a mistake and did not commit a crime. The majority of the home health care and hospice fraud investigations in Louisiana start because of a human or business error and not because someone decided to defraud the government. The most common errors that cause an investigation are the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. Often, these mistakes happen when home health care and hospice clients quickly grow. Thankfully, the court system acknowledges that mistakes may happen. There is a high burden of proof on the federal government to show that you acted with criminal intent. We test the evidence in each case to determine whether it meets this high burden of proof.

Appropriate certifications. Home health care and hospice fraud investigations in Louisiana often allege that business owners and providers incorrectly certified or re-certified medical necessity. It’s a difficult allegation for the federal government to prove. We use industry authorities and our practical trial experience to explain the certification exceptions and delegation rules to a judge or jury during trial. Exceptions exist, but the federal government will not include those exceptions into their complaint or their arguments against you.

Media intervention. Our clients are rightfully concerned about their reputation. Oberheiden & McMurrey, LLP will address slanderous remarks and biased reports regarding our clients and their businesses. We also look for outlets to correct misinformation about our clients.

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), Louisiana 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 the State of Louisiana

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 the State of Louisiana 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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