Healthcare Fraud Defense Attorneys You can Trust Serving the East Texas Region

Healthcare fraud has been receiving increased government attention in the Eastern District of Texas. In this context, healthcare fraud is a broad term that refers to the submission of a fraudulent or false claim to a government program such as Medicare, Medicaid, Tricare, or federal workers’ comp. Also covered by that description are illegal financial relationships between referring healthcare providers and businesses, often referred to as kickbacks.

  • Medicare Fraud
  • Tricare Fraud
  • DOL/Workers Comp
  • False Claims Act
  • Stark Law (Physician Self-Referrals)
  • Anti-Kickback Violations

Healthcare fraud is a serious offense and not an area to experiment with. Mistakes in the handling of an OIG or Grand Jury subpoena, or investigations by law enforcement could result in years of incarceration in federal prison. The aggressive prosecution of healthcare fraud in Tyler and surrounding communities in recent times requires you to choose defense attorneys that have (1) a profound understanding of healthcare regulations, (2) proven experience with government investigations, and (3) an impeccable track record in the specific area of healthcare law.

Who Are the Targets?

Healthcare fraud can result in serious penalties. Any individual or business that contracts with and is paid by the U.S. government or does business that involves federally funded patients, whether directly or indirectly, is subject to federal healthcare fraud statutes. The following sectors are under increased scrutiny:

  • Hospice Care Centers
  • Home Health Centers
  • Compound Pharmacies
  • Toxicology Laboratories
  • Physician Owned Entities
  • Hospitals
  • DME Companies
  • Physicians and Providers
  • Healthcare Executives
  • Business Owners

What Are the Penalties?

Healthcare fraud is prosecuted by the FBI, the Department of Justice (DOJ), the Department for Health and Human Services (HHS), the Department of Justice (DOJ), the Office of Inspector General (OIG), and other federal agencies. Lately, there has been a trend of involvement by the Drug Enforcement Administration (DEA) and state drug enforcement agencies as well, particularly in the area of compound drugs and pharmacy investigations. Healthcare fraud may be investigated in one of two ways:

  • Civil Liability:
    In many cases, investigations result in only civil liability. In these cases, defendants will be found liable for civil fines of up to $11,000 per false claim as well as recoupment requests, non-payment of any future claims, exclusion from participation in other federal healthcare programs, triple damages, and attorney’s fees. Such findings are most often imposed against companies, but may also be levied against individuals such as the CEO or CFO of the company.
  • Criminal Charges:
    In other cases, a federal investigation can lead to criminal charges for the individuals involved. If this happens, federal prosecutors indict the responsible individuals before the U.S. District Court and seek incarceration in federal prison on a guilty finding. These cases require an experienced attorney who understands both federal criminal procedure and healthcare law.

Importantly, criminal liability for federal healthcare fraud does not require any specific intent to violate the law. In fact, the government does not even need to prove that an individual knew that the transaction was fraudulent or illegal. The federal standard is: should-have-known.

What Type of Lawyer Do I Need?

If you are being investigated for fraud, you need a team of experienced attorneys that understand the complexities of healthcare rules as well as the nuances of federal criminal procedure. You need attorneys that know how to avoid criminal charges in healthcare investigations. At Oberheiden & McMurrey, LLP, you will find a team of passionate, dedicated, and experienced attorneys that have handled more healthcare fraud cases than any other firm in East Texas.

nick-oberheidenDr. Nick Oberheiden has successfully defended healthcare executives, physicians, hospitals, laboratories, pharmacies and many other businesses against kickback, prescription fraud, false claims, and fraud allegations before the Office of Inspector General (OIG), Department of Justice (DOJ), Department of Defense (DOD), IRS, FBI, DEA, and other agencies.
lynette-byrdLynette S. Byrd served the U.S. Attorney’s Office as federal prosecutor and conducted civil healthcare investigations under Stark Law, False Claims Act, Anti-Kickback and other statutes.

Our Experience

Our record in healthcare fraud defense shows results of no civil and no criminal liability for clients involved in investigations of Medicare fraud, Tricare fraud, Medicaid fraud, OIG investigations, DOL fraud cases, and allegations of violations of the False Claims Act, Stark Law, and Anti-kickback investigations. We pride ourselves for bringing our experience and skillset to the East Texas community. Compare for yourself, this is our track record:

Healthcare Fraud (Recent Case Results)

  • Defense of laboratory against investigations by the Department of Defense and the U.S. Attorney’s Office for alleged Medicare Fraud
    Result: No civil or criminal liability, case dismissed.
  • Defense of nationally operating healthcare company against an investigation by the Department of Defense for alleged Medicare fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a healthcare services company against an investigation by the Office of Inspector General, the Department of Justice, and the Department of Health and Human Services for alleged False Claims Act and Stark Law violations
    Result: No civil or criminal liability, case dismissed.
  • Defense of nationally operating healthcare provider against investigations by the Department of Health and Human Services and the Office of Inspector General for alleged Healthcare Fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of healthcare marketing company against an investigation by the Office of Inspector General for alleged False Claims Act and Medicare violations.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a surgical implant company against an investigation by various branches of the federal government for alleged fraud.
    Result: No civil or criminal liability, case dismissed.
  • Defense of physician owned entity against an investigation by the Department of Health and Human Services for alleged Stark Law violations.
    Result: No civil or criminal liability, case dismissed.
  • Defense of a physician owned entity against an investigation by the Office of Inspector General for alleged fraud.
    Result: No civil or criminal liability, case dismissed.

If you are under federal investigation or if you want to discuss steps to avoid federal scrutiny, contact us to speak with one of our experienced healthcare fraud defense attorneys today. All calls are free and confidential.

Oberheiden & McMurrey, LLP
903-472-0000
Call Us Today

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.