The Office of Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) works closely with the Centers for Medicare and Medicaid Services (CMS), Department of Justice (DOJ), and FBI. Its purpose is to investigate matters related to payments billed to Medicare and Medicaid that may be fraudulent or inappropriate. The goal is to eliminate medical payment waste and recoup any payments made by means of fraud or deceptive billing practices. If you believe you are the target of an OIG Investigation, you will need an attorney who specializes in defending health care entities and providers during OIG investigations.
Generally, an OIG investigation is not revealed until the company or provider is served with a subpoena to produce records or a search warrant. The best time to seek legal counsel upon receiving a subpoena is before any formal charges are brought. OIG investigation reports often result in civil penalties, criminal charges, or both. Waiting until after charges have been brought against you puts your case in a disadvantage. Retaining an OIG attorney during the investigation phase allows the attorney to oversee and shape the course of the investigation, which may result in fewer, or no, civil and criminal actions against you.
Preparing for an OIG Investigation starts long before the OIG begins to investigate. A proper compliance plan including policies and procedures, a compliance officer, routine auditing and monitoring is required for all entities that bill a federal health care program. As part of a compliance program, providers looking to prepare and protect themselves prior to notice of an OIG investigation can conduct their own internal investigation to reveal billing errors and/or fraud. This enables a provider to stay proactive in a time when the OIG is cracking down on inappropriate medical billing. An experienced OIG and health care attorney can help you conduct your own investigation and ensure that your rights are protected if you are investigated by the OIG.
An OIG investigation is usually concluded with a report detailing any violations and all facts gathered during the investigation. If the report contains findings of any criminal violations it is forwarded to the Department of Justice (DOJ) for a further criminal investigation for health care fraud. If the violations are merely civil in nature, CMS may initiate an action to recover payments and impose civil penalties against the violating provider.
The health care and OIG investigation attorneys at Chapman Law Group have been defending health care providers in civil and criminal matters for over 25 years. When you receive notice of an OIG investigation the consequences can be life-altering. You don’t want just any attorney to handle your case. Our attorneys understand how important your business or practice is to and our extensive experience in handling OIG investigations will give you confidence your legal rights are being protected.
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