Louisiana Healthcare Fraud Attorneys

Oberheiden, P.C. is a healthcare law defense firm. Among our Louisiana healthcare fraud defense team are talented attorneys with years of relevant experience and education from the country’s best schools such as Harvard and Yale Law Schools. Our attorneys serve clients in Louisiana as well as surrounding areas. Our attorneys serve clients in Louisiana as well as surrounding areas. Our Louisiana healthcare fraud defense attorneys have extensive experience in the areas of:

• regulatory compliance,
• corporate structuring,
• litigation,
• government investigations, and
• criminal defense.

If you operate in the state of Louisiana and find yourself facing accusations of healthcare fraud, make a call to Oberheiden, P.C., and talk to an experienced healthcare fraud defense attorney from the firm as soon as possible. Oberheiden, P.C. also has expert legal experience in:

• Medicare and Tricare audits,
• OIG and grand jury subpoenas,
• compliance programs,
• internal investigations,
• qui tam defense,
• protection of assets,
• criminal defense, and
• jury trials.

If you are interested in learning how we can help, call now to speak with a member of our Healthcare Fraud Defense Team. Initial calls are free and confidential.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

The State of Louisiana Is Heavily Monitored for Healthcare Fraud

Louisiana is one of nine areas in the nation heavily monitored for healthcare fraud by the federal Medicare Fraud Strike Force. The Medicare Fraud Strike Force is an elite team comprised of select prosecutors and investigators.

Louisiana and its surrounding areas receive such attention because a large number of its citizens rely on a federal healthcare program. This increases the number of claims filed with the federal government for reimbursement. Thus, the government, including the Department of Health and Human Services, aggressively monitors, investigates, and prosecutes allegations of healthcare fraud. In FY 2022, the Department of Justice (DOJ) opened more than 809 new criminal health care fraud investigations. Federal prosecutors filed criminal charges in over 419 cases involving at least 680 defendants. More than 477 defendants were convicted of health care fraud related crimes during the year. Also, in FY 2022, DOJ opened more than 774 new civil health care fraud investigations and had over 1,288 civil health care fraud matters pending at the end of the fiscal year. (OIG, HHS)

Healthcare Fraud: What Is It?

Healthcare fraud is an attempt to receive payment from a federal healthcare program for medical equipment or services from an incorrect or misleading claim. Federal healthcare programs include Tricare, Medicare, Medicaid, and federal workers’ compensation. Healthcare fraud relates to at least one of the following laws:

• The Anti-Kickback Statute. Federal healthcare law restricts the exchange of money or other valuables for patient referrals. Anyone may face prosecution for violating this act if they offer or provide payment or other valuables in exchange for referrals.
• Stark Law. Stark Law is more commonly known as the Self-Referral Law. It bars physicians from referring patients to certain healthcare entities if the physician or an immediate family member has an ownership or investment interest in the entity. Or, if there is a compensation arrangement between the providers. There are statutory exceptions to this law.
• False Claims Act. If you submit a claim to a federal healthcare program, you must ensure that your claim is accurate. Otherwise, it is a violation of the False Claims Act. The federal government may begin an inquiry into your billing practices under the criminal provisions of the act.
• Prescription Fraud. Prescribing a high volume of narcotics is closely watched by the federal government. If you’re suspected of operating a “pill mill,” you may face allegations of insurance fraud or violating DEA dispensing rules.
• Billing Fraud. One of the most common occurrences of billing fraud is upcoding. This occurs when a higher, and more costly, code is used on claims made to federal healthcare programs. The federal government also investigates allegations of phantom billing (services not provided), ghost patients (patients who do not exist), and billing for medically unnecessary services or equipment.
• Certification Errors. The federal government pays close attention to the home healthcare and hospice industry. The most common allegation is fraudulent certification for care.

Oberheiden, P.C. has a history of successful representations and helping our clients avoid criminal charges from alleged Medicare fraud, alleged Medicaid fraud, o alleged Tricare fraud. If you, your healthcare practice, or your business are being investigated for healthcare fraud in Louisiana, contact our Louisiana healthcare fraud defense lawyers now. The initial contact is confidential and free of charge.

The Harsh Penalties of Healthcare Fraud

Healthcare fraud is extremely serious and can result in civil and criminal penalties. Civil penalties may include repayment of claims, non-payment of future claims, and exclusion from federal healthcare programs entirely. You could be called before the state disciplinary board, lose your license, and/or lose your hospital privileges. Federal criminal charges can carry fines of hundreds of thousands of dollars, or criminal indictment.

If you are found guilty of criminal healthcare fraud, you may receive one of the following prison sentences:

• Up to 10 years for each count of healthcare fraud
• Up to 20 years for each count of fraud resulting in serious bodily injury
• Life sentence if the healthcare fraud resulted in death

Clients ask our criminal defense attorneys about worst-case scenarios for healthcare fraud in Louisiana. Criminal prosecution can depend on many factors. The severity of the injury received by a patient, if the prosecutor has interest in pursuing criminal charges, and the reason the case began, are a few. If you’re being investigated for healthcare fraud in Louisiana, you should call Oberheiden, P.C. today to speak to an experienced Louisiana healthcare fraud lawyer from our firm to learn about your options. Initial consultations are confidential and free of charge.

Oberheiden, P.C. is ready to handle Louisiana healthcare fraud defense cases. Our dual experience as former healthcare prosecutors and defense attorneys gives us the experience you need. If you’re notified of an investigation for healthcare fraud or if you’d like to discuss your legal options, call us right away. Initial consultations are free of charge and confidential.

Indications That The Investigation May Be a Criminal Matter

Healthcare fraud cases can be either civil or criminal. With early intervention and compelling defense strategies, Oberheiden, P.C. helps clients avoid criminal charges. Call us today if you’re being investigated for healthcare fraud in Louisiana or the surrounding area. Our Louisiana healthcare fraud attorneys can begin the process of developing your custom defense strategy right away.

It’s not always easy to know if you are facing civil or criminal charges. The U.S. Attorney’s Office and other federal agencies have both a civil and a criminal division. So, being contacted by a federal prosecutor doesn’t always mean a criminal charge is imminent. However, civil cases can become criminal in nature. Oberheiden, P.C. can help by contacting federal prosecutors on your behalf. If you’re contacted by a federal prosecutor, call our Louisiana healthcare fraud attorneys right away.

Determining charges depends on the legal reading of many factors including OIG subpoenas, and the manner in which the inquiry or allegations are made. Expect criminal prosecution if you receive a(n):

• search warrant,
• seizure warrant,
• arrest warrant,
• target letter,
• IRS involvement,
• grand jury subpoena, or
• there is involvement of a federal criminal prosecutor.

If you have questions about the charges you may face, call Oberheiden, P.C. now. We provide counsel for providers, entire healthcare systems, and other related healthcare businesses.

Louisiana Healthcare Fraud Defense

Oberheiden, P.C. works on behalf of Louisiana healthcare fraud defense clients. Many of the members of our Louisiana healthcare fraud lawyers have experience as healthcare auditors and former federal healthcare fraud prosecutors. This experience gives our Louisiana clients valuable insight and legal defense for their healthcare fraud cases.

Advocacy begins immediately for our clients. Our main goal is to help our clients avoid criminal indictment. We know that the best way in which we can advocate for our clients is to quickly contact the federal government. This immediate contact limits the amount of time the federal government has to pursue its case against you. We work to protect your career and your freedom. Our Louisiana healthcare fraud attorneys can get answers to some important questions typically within a few hours after you retain us. Here are a few initial questions we will ask on your behalf:

• What is the investigation about?
• What is the purpose of it?
• How long will the investigation take?
• What is the most likely outcome?

Testing the standards. The federal government must prove beyond a reasonable doubt that you committed a crime. They must also show that you acted with criminal intent. When criminal charges look certain, we test if the government will be able to meet Constitutional standards. The government will try to use billing errors to prove you had criminal intent. Oberheiden, P.C. knows this most often happens as the result of an organizational or human error. These mistakes should not be held to criminal standards. We have provided successful legal defense for clients across the United States by proving that inaccuracies are a result of human or company error and not criminal intent. Some factors leading to such mistakes are:

• unqualified staff,
• delegation errors,
• outsourcing errors,
• lack of oversight,
• insufficient supervision, and
• constantly changing laws and rules in healthcare billing.

Although these issues should be corrected, they should not lead to criminal liability.

Use of strategic defenses. Oberheiden, P.C. develops strategic healthcare fraud defenses for each client. Many of the cases we’ve successfully defended were won because of statutory loopholes and exceptions. In the context of Stark Law, which involves medical necessity certifications, we’ve been able to use exceptions to either ease or entirely resolve a healthcare fraud case.

Protecting your professional reputation. We are committed to doing more than providing healthcare fraud defense. We are determined to defend your image. Allegations of healthcare fraud can be damaging. Many of our clients express concern about how these allegations will affect their career and future. The media has a lot of power and your reputation could be destroyed by their rumors. Our attorneys address instances of slander, and seek opportunities to correct misinformation about our clients.

Call us today to learn more about your legal options. It is confidential and there is no charge for your initial call.

Frequently Asked Questions About Healthcare Fraud in Louisiana

Protect Your Rights with Expert Louisiana Healthcare Fraud Lawyer

If you are facing healthcare fraud investigations such as Tricare, Medicaid, or Medicare fraud investigations or if you are charged with a case, you need the help of an experienced defense legal team. Our Louisiana healthcare fraud defense lawyers are available every day of the year. Call, complete our contact form, or email us directly.

Additional Pages for Louisiana

• Louisiana federal criminal defense
• Louisiana False Claims Act & Qui Tam defense
• Louisiana Medicare fraud defense