Houston, Texas Hospice Fraud Defense Attorneys

Oberheiden, P.C. is a healthcare law defense firm with significant experience in the areas of regulatory compliance, corporate structuring, litigation, government investigations, and criminal defense. Our Houston, Texas hospice fraud defense attorneys serve clients in Houston as well as throughout Texas.

If you’re in Houston, Texas, and you’re under investigation for home healthcare or hospice fraud, you should contact Oberheiden, P.C. Oberheiden, P.C. is a Texas law firm practicing in healthcare fraud defense. We have substantial 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
• Jury trials.

Dr. Nick Oberheiden is a Harvard-trained lawyer and negotiator. He provides legal assistance to clients in Houston and throughout Texas. Dr. Oberheiden is a healthcare fraud defense attorney and is the managing partner of Oberheiden, P.C.

Members of our Healthcare Fraud Defense Team are accomplished Houston, Texas hospice fraud defense lawyers with former experience in healthcare auditing and federal healthcare prosecution.

Houston, Texas Is Directly Monitored by the Medicare Fraud Strike Force

Houston, Texas is closely watched by the Medicare Fraud Strike Force. In fact, it’s one of nine areas in the United States that undergoes such close and constant scrutiny. The Medicare Fraud Strike Force is a team of investigators and prosecutors from multiple federal agencies. The objectives of this team are to watch for, investigate, and prosecute instances of healthcare fraud.

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)

Home Healthcare and Hospice Fraud in Houston, Texas

Oberheiden, P.C. provides home healthcare and hospice fraud defense counsel to:

• Home healthcare businesses and agencies,
• Hospice facilities,
• Business owners, and
• Healthcare providers.

We also assist with issues involving:

• Corporate compliance,
• Internal investigations,
• Medicare audits,
• Recoupment questions and requests, and
• Civil or criminal government investigations.

Along with expertise 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
• Inaccuracies in billing
• Overbilling
• Overuse of medical services
• Overuse of medical equipment
• RAC audits
• ZPIC audits
• IRS investigations

Oberheiden, P.C. works directly 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 healthcare and hospice services. We understand the requirements of:

• Certification and re-certification,
• Determination of clinical status,
• Respite care requirements,
• Homebound evaluations,
• Medical necessity,
• Conditions of coverage, and
• Plan of care requirements.

What Are the Penalties of Home Healthcare and Hospice Fraud in Houston, Texas?

What Are the Penalties of Home Healthcare and Hospice Fraud in Houston, Texas?
Providers and businesses under investigation for home healthcare or hospice fraud may face civil or criminal penalties. Civil penalties may include:

• Requests for repayment,
• Non-payment of future claims,
• Civil fines up to $11,000 per false claim,
• Future exclusion from federal healthcare programs,
• Assignment of treble damages, and
• Attorney fees.

Criminal punishments may include expensive fines, 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
• Life in prison if the fraud resulted in death

If found guilty of incorrectly prescribing medications, improper supervision, or of providing a false certification, you may be excluded from all federal healthcare programs, and prohibited from receiving claim payments. In addition, your professional license may be suspended or revoked.

Three Features of the Right Houston Defense Lawyer

The penalties for home healthcare and hospice fraud are serious. It is critical to choose the right Houston, Texas hospice fraud defense lawyer. This type of allegation can forever tarnish the reputation of your business. Choosing the right Houston defense lawyer gives you the best chance at winning against the case and rebuilding your reputation. The right Houston defense lawyer will display the following three features:

• Familiarity with the rules and regulations of home healthcare and hospice care.
• A history of successful resolution of healthcare audits, fraud investigations, and negotiating complex healthcare fraud cases involving the OIG, HHS, IRS, and DOJ.
• Excellent litigation skills and trial experience. Federal prosecutors will know your attorney’s reputation. Ask each candidate how many Medicare fraud cases they’ve handled resulting in neither civil, nor criminal judgements against their clients.

Compelling Home Healthcare and Hospice Fraud Defense Strategies

Oberheiden, P.C. has handled thousands of fraud cases and hundreds of criminal cases. Several members of our Healthcare Fraud Defense Team have experience in healthcare auditing. They also have experience as former federal healthcare investigators and prosecutors. This blend of expertise led us to develop compelling home healthcare and hospice fraud defense strategies.

Immediate contact. If you’re under investigation for home healthcare or hospice fraud, don’t wait to call us. Once retained, a Houston, Texas hospice fraud defense attorney from Oberheiden, P.C. will quickly contact federal prosecutors on your behalf. Often, we can get answers to the following questions within a few hours:

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

Showing our clients did not commit a crime. Most home healthcare and hospice fraud investigations in Houston start because of a business mistake or human error. The most common mistakes made include relying on:

• Overwhelmed or unqualified staff,
• Negligence,
• Supervision errors, and
• Being unaware of constantly changing rules in billing to federal programs.

These mistakes are most often made when home healthcare and hospice businesses expand at a rapid rate. The court system acknowledges that mistakes may happen. That is why the federal government must meet a high burden of proof to prove that you committed a crime. Oberheiden, P.C. analyzes the evidence in each case to determine if that standard is met.

Appropriate certifications. A large number of home healthcare and hospice fraud cases in Houston and the surrounding area claim the business owner or provider incorrectly certified or re-certified medical necessity. This allegation is hard to prove. Oberheiden, P.C. uses industry authorities, along with our practice trial experience, to explain certification exceptions and delegation rules to a judge or jury. These exceptions are legal, but the federal government typically leaves them out of their complaint and arguments.

Protecting your reputation. Most of our clients are rightfully concerned about their professional reputation. A poor reputation can be a career ender. The media often gives biased reports. A Houston, Texas hospice fraud defense lawyer will address slander on behalf of our clients and look for times to correct misinformation.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

Oberheiden P.C.
440 Louisiana St UNIT 200
Houston, TX 77002
713-597-3388

Additional Pages for Houston, Texas

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• Houston healthcare fraud defense
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• Houston Medicare fraud defense