Stark Law Investigations Defense Attorneys - Oberheiden, P.C.
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Defending Toxicology Labs In Stark Law Investigations

oig compliance labs
Dr. Nick Oberheiden, Esq.
www.rac-audit-defense.com
(214)-692-2171
Including Weekends

Current Toxicology Laboratory Investigations

Recently, toxicology laboratories have faced increased scrutiny from federal investigators looking for improper relationships with their referring physicians.  Toxicology laboratories with close ties to drug treatment centers are receiving particular attention regarding referrals for urine testing.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Stark Law Explained

The Physician Self-Referral Law (“Stark Law“) prohibits a physician from making a referral for certain designated health services to an entity in which the physician or an immediate family member of the physician has an ownership interest, investment interest, or a compensation arrangement unless an exception applies. The Stark Law applies exclusively to Medicare and Medicaid. Further, the Stark Law only applies to referrals to the following Designated Health Services, as specified in the statute:

  • Clinical laboratory services
  • Radiology services, including magnetic resonance imaging, computerized axial tomography scans, and ultrasound services
  • Radiation therapy services and supplies
  • Durable medical equipment and supplies
  • Parental and enternal nutrients, equipment, and supplies
  • Prosthetics, orthotics, devices, and supplies
  • Home health services
  • Outpatient prescription drugs
  • Inpatient and outpatient hospital services
  • Occupational therapy
  • Physical therapy services (and related services such as pathology therapy)

The penalties for Stark Law violations are civil in nature and vary in degree depending on the specific circumstances of the case.  To begin with, Medicare or Medicaid can withhold payment for services provided in violation of the Stark Law.  Furthermore, irrespective of intent, a provider will be required to pay back any monies received from Medicare or Medicaid that were paid for services provided in violation of the Law.  Providers that were found to have knowingly violated the Stark Law could also face civil monetary penalties and exclusion from federal healthcare programs.

Toxicology Representations

Oberheiden, P.C. is a healthcare fraud defense law firm that represents toxicology laboratories, healthcare providers, and business owners in Stark Law, False Claims Act, and government investigations across the country. Our team consists of former Department of Justice prosecutors and experienced defense counsel. Our profound understanding of all nuances of the Stark Law and other relevant healthcare laws has allowed us time after time to convince the government to stop its investigations against our clients. Central element of our past defense successes is the introduction of exceptions and carve outs that render otherwise prohibited conduct under the Stark Law completely legal and permissible.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (Stark Law Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.
  • Toxicology Laboratory (False Claims Act Investigation)
    Result: Case concluded with no liability for our client.

Our Team

The attorneys of Oberheiden, P.C. are seasoned healthcare fraud defense attorneys that help clients from across the country with effective defense strategies against government investigations. Instead of being walled off by secretaries, paralegals, and junior lawyers, all our clients have direct access to experienced attorneys.

Free Consultation

We represent clients in need of qui tam defense, involved in False Claim Act investigation, facing federal criminal charges, and in other legal matters.

If you are concerned that you are being audited or investigated or if you simply want to ask questions in a free and confidential setting, you should contact the experienced attorneys at Oberheiden, P.C.. We are available seven days a week, including weekends.

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, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

Why Clients Trust Oberheiden P.C.

  • 95% Success Rate
  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorneys
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Cases Handled in 48 States
Email Us 888-680-1745