Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Home Health Care and Hospice Fraud Defense Serving all of Orange County, California

The Oberheiden & McMurrey, LLP is a health care law firm with experience in regulatory compliance, corporate structuring, litigation, civil government investigations, criminal government investigations, and in criminal defense. Our team includes a former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, former senior Department of Justice trial attorneys, former lead prosecutors from the elite Medicare Fraud Strike Force, and talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard. Our attorneys serve clients in Orange County, California and the surrounding areas.

Call Oberheiden & McMurrey, LLP now if you’re under investigation for home health care or hospice fraud in Orange County, California or the surrounding areas and ask to speak immediately with a member of our Health Care Fraud Defense Team. The call is free and confidential.

Orange County Is Directly Monitored by the Federal Government

Orange County, California is directly monitored by the federal government’s Medicare Fraud Strike Force. It is only one of nine areas in the nation that receives this constant scrutiny. The Medicare Fraud Strike Force is a collaborative team of federal investigators and prosecutors from several 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 job of this team is to watch for, investigate, and prosecute various types of health care fraud that occur.

Home Health Care and Hospice Fraud in Orange County, California

Oberheiden & McMurrey, LLP provides legal services for hospice facilities, home health care agencies, business owners, and health care professionals in Orange County, California and the surrounding areas. We are also experienced in matters related to corporate compliance, internal investigations, Medicare audits, recoupment questions and requests, and both civil and criminal government investigations. We also have experience in:

  • 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

The Oberheiden Group 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. We understand the requirements of certification and re-certification, determinations of clinical status, respite care requirements, homebound evaluations, medical necessity certification, and plan of care requirements.

The Civil and Criminal Penalties of Home Health Care and Hospice Fraud

Home health care and hospice fraud investigations in Orange County, California and its surrounding areas are of grave importance. You could face charges in civil or criminal court. Civil penalties can include civil fines of up to $11,000 per false claim, recoupment of claims, future exclusion from federal health care programs, non-payment of your claims, being assessed with treble damages, and attorney fees.

Criminal penalties can include criminal fines in the hundreds of thousands of dollars, a criminal indictment, 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.

If you’re charged with and found guilty of incorrectly prescribing medications, improper supervision of another person, or of false certification, you may be excluded from all federal health care programs, prohibited from being reimbursed, and you may lose your professional license.

Three Traits Present in the Right Defense Lawyer

When you’re facing a home health care or hospice fraud investigation, you need to choose the right Orange County, California defense lawyer. This allegation can ruin your professional reputation and your business. Choosing the right Orange County, California can help you in your right against these allegations.

Look for these three traits in an Orange County, California defense lawyer:

  1. Demonstrated familiarity of the rules and regulations related to home health care and hospice care. This is important because you’re not going to have the time to explain billing, coding, and certification rules to a lawyer who doesn’t have this knowledge.
  2. A successful track record of resolving health care audits and health care fraud investigations. Additionally, they should have a proven track record of successfully negotiating complex health care fraud cases involving various federal agencies, such as the OIG, DOJ, HHS, and IRS.
  3. Experienced litigators and trial lawyers. Federal prosecutors will know if your defense lawyer is any good. Ask each potential lawyer how many health care fraud trials they’ve managed that resulted in no civil or criminal liabilities for their clients.

Home Health Care and Hospice Fraud Defenses

Oberheiden & McMurrey, LLP has managed a great number of health care fraud cases in Orange County and elsewhere. Our attorneys have previous experience in both health care auditing and as former federal health care fraud investigators and prosecutors. This dual experience has led us to develop strategic defenses that we deploy for each of our clients.

Immediate contact with federal prosecutors. If you’re being investigated, don’t wait to call Oberheiden & McMurrey, LLP. The longer that the federal government has to investigate you without interruption, the more likely it is that you will ultimately face criminal indictment. Once you retain us, we will immediately contact federal prosecutors on your behalf. We ask the important questions right away and we can usually get answers within just a few hours. The answers can help us develop a custom defense:

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

Proving our clients did not commit a crime. Most home health care and hospice fraud investigations that begin in Orange County, California do so because someone makes a mistake. Very few cases in the area start because someone had the literal intention of acting in a fraudulent manner. The errors we see most often that cause these investigations include the use of unqualified or overwhelmed employees, negligence, supervision errors, and being unfamiliar with the constantly changing rules. Thankfully, our court system acknowledges that sometimes good people make mistakes. While these mistakes should be corrected, they should not lead you to face criminal punishments. This is why the federal government has an incredibly high burden of proof to meet to show that you committed a crime and acted with criminal intent. We analyze the evidence presented by the federal government to determine if it meets the high standard. Our goal is to prove that you made a mistake.

Use of appropriate certifications. Many of these investigations have an allegation that the business owner or the health care provider incorrectly certified or re-certified medical necessity. Oberheiden & McMurrey, LLP uses known legal exceptions and delegations to certifications and re-certification rules to prove that your actions were appropriate. The federal government is aware of these exceptions, but they often will not bring them up in their complaint or in their arguments. Oberheiden & McMurrey, LLP uses industry authorities and our trial experience to provide explanation to a judge or jury about the legal exceptions and delegation rules.

Protecting your professional reputation. Many of our clients present concerns to us about how they will be viewed by the public in light of these allegations. We understand this concern. If the media uses a biased report that shows you in an unfavorable light, our lawyers get involved. We address slander and look for opportunities to correct misinformation and to protect your professional reputation.

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), 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 Orange County, California

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 California 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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