Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Home Health Care and Hospice Fraud Defense Serving the Tampa Area

The Oberheiden & McMurrey, LLP is a health care law firm with experience in regulatory compliance, litigation, corporate structuring, criminal government investigations, civil government investigations, and in criminal defense. Members of the Health Care Fraud Defense Team include a former senior Department of Justice trial attorney, former Chief Health Care Fraud Coordinator with the U.S. Attorney’s Office, 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 lawyers serve clients in Tampa, Florida and the surrounding areas.

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

Tampa, Florida Is Closely Scrutinized by the Federal Government

Tampa, Florida is constantly under the microscope by the federal government’s Medicare Fraud Strike Force. Tampa is one of the nine areas of the nation that faces constant monitoring. The Medicare Fraud Strike Force is a team of investigators and prosecutors from a multitude of agencies including the Department of Justice, and Human Services, the Office of Inspector General, the IRS, and may even include others from different agencies. The job of this team is to watch for, investigate, and prosecute various types of health care fraud.

Home Health Care and Hospice Fraud in Tampa, Florida

Oberheiden & McMurrey, LLP provides legal representation for Tampa, Florida area hospice facilities, home health care agencies, business owners, and health care providers. We have experience in Medicare audits, corporate compliance, internal investigations, recoupment questions and requests, and both criminal and civil 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

Oberheiden & McMurrey, LLP works directly alongside of the National Association for Home Care & Hospice (NAHC), the National Center for Assisted Living (NCAL), the National Hospice and Palliative Care Organization (NHPCO), and other related programs. We understand the requisites for certification and re-certification, determinations of clinical status, respite care requirements, medical necessity certification, homebound evaluations, and plan of care requirements.

Civil and Criminal Penalties of Home Health Care and Hospice Fraud in Tampa

Hospice and home health care fraud investigations are both serious and can cause you a lot of concern. Civil fines 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 are examples of civil penalties for this federal offense.

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

It’s important to know that if you’re found guilty of incorrectly prescribing medications, improper supervision, or of completing false certifications, you could be excluded from all federal health care programs, prohibited from reimbursement, and you could lose your professional license.

The Vital Characteristics of a Good Tampa Defense Attorney

If you’re under investigation for home health care or hospice fraud in Tampa, Florida or the surrounding areas, you must hire the right defense attorney to help you. This type of allegation can ruin your life. Choosing the best defense attorney can give you the best possible chance against these allegations. As you consider your options, watch for the following characteristics:

  1. Demonstrated familiarity and knowledge 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, and other day-to-day operations 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.

Established Home Health Care and Hospice Fraud Defenses

Oberheiden & McMurrey, LLP has experience with hundreds of home health care and hospice fraud investigations. Our dedicated lawyers have experience in health care auditing and as former federal health care fraud investigators and prosecutors. We use a set of established defenses for home health care and hospice fraud clients in Tampa, Florida and the surrounding areas.

Immediate legal advocacy. When you’re being investigated, you should not wait to get legal representation. The longer the federal government has to investigate you without an interruption, the more likely it is that you will face criminal charges. Once we are retained, we will immediately begin our advocacy on your behalf. We contact federal prosecutors immediately to get answers to the important questions. Usually, we can get the answers to those questions within just a few hours:

  • 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?

We work to prove that our clients made a mistake. Most investigations in Tampa, Florida start because of a mistake that’s made either by a person or as a result of a poor business decision. Very few investigations start because someone set out to commit fraud. The most common errors that we see 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. Mistakes happen, and you should not have to face criminal charges, as long as you take the necessary steps to correct this mistake. 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 this high standard. Our goal is to prove that our clients may have made a mistake and did not act with criminal intent.

Showing that appropriate certifications. Most Tampa, Florida investigations of this nature include an allegation that the owner of the health care provider did not correctly certify or re-certify 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 mention them 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.

We work to protect your professional reputation. One of the biggest concerns that our clients have is their professional reputation. Clients are concerned that the public may change how they view their services because of the mere mention of the allegation against them of health care fraud hospice fraud. Oberheiden & McMurrey, LLP is committed to protection of the client’s reputation both inside and outside the courtroom. Unfortunately, the media sometimes gives biased reports about our client. We address the issue and look for other opportunities to correct this misinformation. Our goal is 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), Tampa and Florida 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 Tampa, Florida

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 Tampa, Florida 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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