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* Our Firm
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Healthcare Compliance, Litigation & Defense Services Nationwide Healthcare Law
Firm Serving Healthcare Providers
Amanda S. Marshall
Former U.S. Attorney
(Local Counsel)
Lynette Byrd
Former Assistant
U.S. Attorney
Roger Bach
Former Special
Agent
(OIG & DEA)
Joe Brown
Former U.S. Attorney
Dr. Nick Oberheiden
Attorney & Founder
HEALTHCARE ATTORNEYS
TABLE OF CONTENTS
* Centuries of Combined Experience
* About Our Healthcare Law Practice
* Healthcare Practice Areas for Oberheiden P.C.
* Healthcare Businesses Served
* Ways We Help Our Healthcare Clients
* Answers to Frequently Asked Questions
* Speak with a Senior Healthcare Lawyer
OBERHEIDEN P.C.’S HEALTHCARE LAWYERS AND CONSULTANTS BRING CENTURIES OF COMBINED
EXPERIENCE TO THE TABLE
Attorney Lynette S. Byrd
Healthcare Team Lead
Former Federal Prosecutor
Contact Lynette directly
While access to healthcare is vital for our society, healthcare providers face
some of the most stringent oversight across all industries. State and federal
authorities regulate virtually all aspects of health care providers’ operations,
from their billing and recordkeeping practices to their prescription protocols
and patient services.
As a result, providers in all segments of the health care industry need to
prioritize compliance. They also need to be prepared to defend themselves during
audits, investigations, and both civil and criminal litigation. In short,
medical practices and providers face numerous legal risks, and they need to
manage these risks effectively.
ABOUT OUR HEALTHCARE LAW PRACTICE
At Oberheiden P.C., our healthcare attorneys work to represent providers in all
legal matters. This includes all aspects of compliance as well as both civil and
criminal defense. From developing and revamping Medicare billing compliance
programs to defending providers during U.S. Drug Enforcement Administration
(DEA) investigations and representing providers in business-to-business
disputes, our comprehensive practice ensures that our healthcare clients have
access to the information, guidance and legal counsel they need when they need
it.
* Healthcare Compliance Services (General)
* Home Health Agency
* Hospital
* Pharmacy
* Laboratory (Toxicology)
* Laboratory (Clinical)
* Anti-Kickback
* Stark Law
* EKRA
* OIG
* Medicare
* Safe Harbor
* DEA
* Healthcare Defense Services
* Medicare Fraud
* FDA Investigations
* DEA Investigations
* Medical License Defense
* Civil Investigative Demands
* Wrongful Death Lawsuits
* Drug Diversion
* Qui Tam Lawsuits
* Physician Misconduct
* Administrative Hearings
* Anti-Kickback Charges
* Billing Fraud
* Subpoenas (FBI, DOJ, OIG)
* Healthcare Audits (General)
* Medicare Audits
* UPIC/ZPIC Audits
* Medicaid Audits
* Qlarant Audits
* RAC Audits
* Lab Audits
OUR HEALTHCARE TEAM
Our healthcare law practice is led by Founding Attorney Nick Oberheiden, PhD.
With well over a decade of health law experience, Dr. Oberheiden is a skilled
advisor and relentless advocate for his clients. As Oberheiden P.C.’s Founding
Attorney, Dr. Oberheiden has built the firm into a nationwide network of
senior-level compliance lawyers, defense lawyers, and expert consultants who
offer centuries of combined experience in the healthcare realm.
Many of our firm’s senior attorneys are former healthcare fraud prosecutors who
spent decades at the U.S. Department of Justice (DOJ) before entering private
practice. Several of our attorneys have enforcement experience at the state
level as well. The healthcare compliance consultants on our team include former
Special Agents-in-Charge, Supervisory Special Agents, and other high-ranking
employees within the DEA, Department of Health and Human Services Office of
Inspector General (DHHS OIG), and other federal agencies.
OUR RESULTS
Part of the reason why so many healthcare clients have trusted Oberheiden P.C.
for well over a decade as their healthcare attorney is that our results speak
for themselves. Through our compliance representation, we have helped numerous
clients avoid substantial recoupments and other liabilities in healthcare audits
and investigations. We have also successfully defended providers across the
country in these audits and investigations, in many cases helping our clients
completely avoid all forms of liability.
When necessary, we have also successfully defended healthcare businesses and
professionals in civil and criminal litigation. From avoiding and dismissing
indictments to securing favorable rulings at trial and on appeal, we have helped
clients emerge victorious at all stages of the litigation process. Of course, we
seek to resolve every case as quickly as possible—not only helping our clients
avoid liability, but helping them mitigate their litigation costs as well.
OUR HEALTHCARE PRACTICE AREAS
We divide our health care practice into four key areas: (i) compliance, (ii)
audits and investigations, (iii) healthcare fraud defense, and (iv) civil
litigation. While we represent some clients in just one area, many of our
healthcare clients prefer to work with our team in all aspects of compliance and
risk management on an ongoing basis.
Our services for U.S. health care providers and the healthcare industry include:
HEALTHCARE LAW COMPLIANCE
There are numerous aspects to healthcare law compliance. To maintain compliance
effectively, providers and facilities cannot rely on off-the-shelf compliance
programs. They need to adopt policies and procedures that are custom-tailored to
their operations, and they need to ensure that these policies and procedures
fully address all of their compliance needs. We advise our clients on all
aspects of health law compliance, including (but not limited to):
* * DEA and prescription drug compliance (including electronic prescription
compliance)
* Medicare and Medicaid billing compliance
* Tricare billing compliance
* U.S. Department of Labor (DOL) billing compliance
* Private health insurance compliance
* Anti-Kickback Statute (AKS) and Eliminating Kickbacks in Recovery Act
(EKRA) compliance
* Stark Law (Physician Self-Referral Law) compliance
* False Claims Act compliance
* Health Insurance Portability and Accountability Act (HIPAA) compliance
* Emergency Medical Treatment and Active Labor Act (EMTALA) compliance
* Telehealth and telemedicine compliance
COMPLIANCE AUDITS AND INVESTIGATIONS
Auditing is a key aspect of health care law compliance management for health
care providers. This includes both conducting internal audits to assess
compliance and defending against external audits conducted by the DEA, Medicare
audit contractors, private insurers, and other entities. Suspected compliance
violations can lead to state and federal investigations as well, and providers
need experienced counsel to come out of these investigations unscathed.
STATE AND FEDERAL HEALTHCARE FRAUD DEFENSE
In some cases, facing civil or criminal allegations is unavoidable. Most often,
this is the case when healthcare professionals and providers fail to timely
engage counsel during federal healthcare audits and investigations. But,
providers can face charges under other circumstances as well—at both the state
and federal levels—and sometimes prosecutors will be intent on pursuing charges
based on mandates or other priorities.
For providers that are facing civil or criminal charges, we provide strategic
and cost-effective healthcare fraud defense. Our experience as health care
lawyers includes representing providers nationwide in grand jury proceedings,
pre-trial proceedings, and state and federal trials and appeals.
BUSINESS DISPUTES AND LITIGATION
Along with representing health care providers in state and federal enforcement
litigation, we represent clients in private civil litigation as well. This
includes business disputes and litigation involving breach of contract claims,
joint ventures, and other issues. While it will be necessary to take these cases
to trial in some circumstances, our healthcare attorneys have had significant
success securing favorable out-of-court resolutions for our clients in most
cases.
PUT OUR HIGHLY EXPERIENCED TEAM ON YOUR SIDE
DR. NICK OBERHEIDEN
Founder
Attorney-at-Law
LYNETTE S. BYRD
Former Assistant U.S. Attorney
Partner
ELLEN COMLEY
Senior Counsel
Attorney-at-Law
ROGER BACH
Former Special Agent (OIG)
STEVEN TAYLOR
Healthcare Compliance Consultant
SUSAN SAGE
Healthcare Auditor
HEALTHCARE BUSINESSES SERVED
At Oberheiden P.C., our health care clients range from individual physicians and
other licensed medical professionals to large regional hospital chains and other
healthcare organizations with multiple facilities and hundreds of employees.
But, for all of our clients, we provide the same custom-tailored legal advice
and personalized attention. Our healthcare attorneys regularly advise and
represent health care clients including (but not limited to):
* Clinics (Private and Government-Funded)
* Durable Medical Equipment (DME) Companies
* Laboratories (Clinical and Toxicology)
* Healthcare Marketers
* Healthcare Practitioners
* Hospices, Nursing Homes, and Home Health Agencies and Providers
* Hospitals, Hospital Systems, and Ambulatory Surgery Centers
* Pharmacies, Compound Pharmacies, and Pharmacists
* Physician Practices and Groups
* Academic Medical Centers
* Physician Practice Management Companies
* Telehealth and Telemedicine Companies
10 WAYS WE HELP OUR HEALTHCARE CLIENTS
Within these four areas of our health law practice, we serve our clients in a
variety of different ways. Here are 10 examples of what our healthcare attorneys
at Oberheiden P.C. can do to help you, your business, or your healthcare
practice:
1. CORPORATE STRUCTURING AND GOVERNANCE
Whether you are starting a private healthcare practice, merging practices, or
need to establish a new subsidiary or affiliate for ancillary business
activities, our healthcare attorneys can help you choose the right corporate
structure for your needs. We can assist with establishing ownership rights and
managerial responsibilities, tax mitigation, liability limitation and other
corporate governance matters as well.
2. CORPORATE COMPLIANCE POLICIES AND PROCEDURES
All companies should have a comprehensive set of corporate compliance policies
and procedures. We help our health care clients adopt and implement policies and
procedures regarding data security, employee rules and responsibilities, and
other pertinent matters.
3. HEALTHCARE COMPLIANCE POLICIES AND PROCEDURES
A robust healthcare compliance program is the center of any effective risk
management program. We work closely with our clients to identify all pertinent
areas of healthcare law compliance and develop policies and procedures that are
well-suited to their specific risks and needs. We assist with healthcare
compliance program training, implementation, and enforcement as well.
4. INTERNAL COMPLIANCE AUDITING
We help our clients conduct periodic internal compliance audits to test the
efficacy of their healthcare compliance programs. Along with managing the
internal audit process, we also thoroughly document our clients’ audits so that
we can demonstrate our clients’ good-faith compliance efforts when necessary;
and, when our clients’ internal audits reveal compliance deficiencies, we help
them implement remedial measures promptly.
5. INTERNAL INVESTIGATIONS
In addition to assisting our clients with internal compliance audits, we also
assist our clients with internal investigations. If you are aware that an
employee of your healthcare business or practice has engaged (or is actively
engaging) in non-compliant conduct, our healthcare lawyers can conduct an
investigation focused on gathering the documentation you need to take
appropriate responsive action. Along with appropriate disciplinary action, this
includes updating your business’s compliance protocols to mitigate the risk of
recurrence.
6. EXTERNAL AUDIT AND INVESTIGATION DEFENSE
We defend health care providers during external audits and investigations
conducted by state authorities, federal agencies, and private health insurance
companies. Our healthcare lawyers’ experience includes, but is by no means
limited to, defending providers and other entities in matters involving the DEA,
DHHS OIG, DOJ, Federal Bureau of Investigation (FBI), Internal Revenue Service
(IRS), Medicaid Fraud Control Units (MFCUs), and all types of Medicare audit
contractors (i.e., RACs, MACs, and UPICs).
7. REPRESENTATION IN SETTLEMENT NEGOTIATIONS, MEDIATION, AND ARBITRATION
Whether dealing with a government authority, competitor, vendor, or other
business, it will typically be most advantageous to resolve the dispute by the
most efficient means possible. The healthcare lawyers at Oberheiden P.C. have
significant experience successfully representing clients in settlement
negotiations, mediation and arbitration.
8. REPRESENTATION IN STATE AND FEDERAL COURTS
Each healthcare attorney at Oberheiden P.C. who handles dispute resolution also
has significant experience in courtroom litigation. Our lawyers have
successfully represented clients in the state and federal courts, and many of
our lawyers have decades of relevant litigation experience. While we work to
help our clients avoid litigation whenever possible, we do not hesitate to
litigate on behalf of our clients when necessary.
9. ONGOING COMPLIANCE AND RISK MANAGEMENT
For all types of health care providers, compliance and risk management are
ongoing processes. We communicate with many of our health care clients on a
day-to-day basis. If you have questions about compliance or concerns about risk
management, you cannot afford to make uninformed decisions. We are here to help;
and, as a client of the Oberheiden P.C. legal team, you can expect to get in
touch with your healthcare lawyer whenever you need to.
10. OUTSIDE GENERAL COUNSEL
Many of our clients also use our firm as outside general counsel. For health
care practices and businesses of all sizes, their legal needs extend far beyond
the healthcare realm. Whether you need help dealing with employees, managing
data security, or maintaining appropriate corporate books and records, we can
offer an outside general counsel solution that is custom-tailored to your needs
and budget.
SPEAK WITH A SENIOR HEALTHCARE ATTORNEY AT OBERHEIDEN P.C. IN CONFIDENCE
We strongly encourage you to contact us for more information about our
healthcare law practice. We can schedule a remote complimentary consultation at
a time that is convenient for you. To discuss your business’s or practice’s
legal needs with a senior lawyer or consultant at Oberheiden P.C. in confidence,
please call 888-680-1745 or tell us how we can help online today.
Make The Right Choice
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LYNETTE BYRD
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– MARSHALL M.
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FAQS: MAINTAINING COMPLIANCE IN TODAY’S HIGH-STAKES HEALTHCARE ENVIRONMENT
HOW IMPORTANT IS COMPLIANCE FOR HEALTHCARE PROVIDERS?
Compliance is extremely important for health care providers. Not only are many
aspects of compliance essential for effective patient care and business
management, but all aspects of compliance are essential for mitigating
providers’ legal risk. Multiple state and federal government agencies enforce
health care providers’ compliance obligations, and non-compliance uncovered
during audits and investigations can lead to substantial penalties.
HOW CAN HEALTHCARE PROVIDERS ESTABLISH (AND MAINTAIN) COMPLIANCE AT THE FEDERAL
AND STATE LEVELS?
Establishing (and maintaining) compliance starts with gaining a clear
understanding of a provider’s compliance burden. While many compliance
obligations apply across the board, there are certain aspects of compliance that
are unique to certain types of healthcare businesses (and business
relationships) as well. At Oberheiden P.C., we begin by thoroughly assessing our
clients’ compliance obligations, and then we work with our clients to develop
comprehensive and custom-tailored compliance programs.
HOW CAN HEALTHCARE PROVIDERS ASSESS THE EFFICACY OF THEIR COMPLIANCE PROGRAMS?
As a provider, you do not want to wait until a state or federal authority
assesses the efficacy of your compliance program for you. Instead, you should
take a proactive approach to assessing and managing compliance. This starts with
conducting an internal compliance audit focused not only on the current scope of
your business’s or practice’s compliance program, but on any additional aspects
of compliance that your current program may be overlooking as well.
WHAT ARE THE RISKS OF NON-COMPLIANCE FOR U.S. HEALTHCARE PROVIDERS?
For U.S. providers, the risks of non-compliance are substantial. Depending on
the circumstances involved, allegations of non-compliance can lead to either
civil or criminal allegations. When prosecuted civilly, healthcare compliance
failures can lead to recoupments, fines, loss of program eligibility, and other
financial consequences. In criminal healthcare fraud cases, not only are
financial penalties on the table, but practitioners and business owners can
potentially face federal prison time as well.
DO HEALTHCARE PROVIDERS NEED OUTSIDE COMPLIANCE COUNSEL, OR CAN THEY MANAGE
COMPLIANCE IN-HOUSE?
Due to the complexities of healthcare compliance (and the risks of
non-compliance), providers generally should not try to manage compliance
in-house. While providers should have an internal Chief Compliance Officer
(CCO), their CCO should work with outside counsel to manage their
compliance-related risk effectively. Along with helping CCOs assess providers’
compliance needs, our healthcare lawyers advise CCOs during internal compliance
audits, and we provide full-scale defense representation for external audits,
investigations, and litigation.
WHAT SHOULD I DO IF I HAVE BEEN CONTACTED BY THE DHHS OIG, DEA, OR A CMS AUDIT
CONTRACTOR?
If you have been contacted by the DHHS OIG, DEA, a CMS audit contractor, or any
other state or federal authority, you should speak with a healthcare lawyer at
Oberheiden P.C. promptly. This may mean that your practice is the target of an
audit or investigation. If this is the case, you will need to execute a
proactive and strategic defense, and this starts with engaging healthcare
defense counsel to advise you going forward. At Oberheiden P.C., we regularly
represent providers in audits and investigations, and we can get to work
immediately if necessary.
WHY SHOULD HEALTHCARE PROVIDERS CHOOSE OBERHEIDEN P.C. FOR COMPLIANCE AND
DEFENSE?
Oberheiden P.C. is a team of senior-level healthcare lawyers and consultants who
bring centuries of combined relevant experience to the table. We advise
providers on compliance matters daily, and we routinely defend providers during
compliance audits and healthcare fraud investigations. With our nationwide
network, we are able to provide efficient legal representation across the United
States; and, with our lawyers’ and consultants’ federal law enforcement
backgrounds, we have an intimate understanding of both why and how government
authorities enforce compliance and target providers suspected of fraud.
CORPORATE HEADQUARTERS
Oberheiden P.C.
4131 N Central Expy, #900, Dallas, TX 75204
214-692-2171
STAFFED OFFICE
Oberheiden P.C.
440 Louisiana St #200, Houston, TX 77002
713-597-3388
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Winter Park, FL 32789
407-706-9203
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Miami, FL 33129
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New York, NY 10005
718-521-2659
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Detroit, MI 48226
313-462-7972
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Portland, OR 97209
503-647-6860
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9655 Perkins Rd, Suite C-203
Baton Rouge, LA 70810
225-277-2415
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