OIG Subpoenas & Investigations Defense Lawyers

Responding to OIG Subpoenas

Lowther | Walker’s strategic responses to the OIG draw upon decades of experience defending healthcare providers under fraud investigations. Our comprehensive defense strategies include:

Document Review and Production

We carefully analyze all requested documents before submission to identify compliance issues, maintain the chain of custody and protect the privacy of your patients.

Government Communications

Our team manages all interactions with federal investigators to clarify the scope of the requests and negotiate reasonable deadlines. We proactively address potential legal concerns and control the flow of information.

Risk Assessment and Mitigation

In our initial response to the OIG subpoena, we’ll review your current practices to identify compliance gaps while guiding you on corrective measures. We’ll document our work closing compliance gaps and prepare your defense ready for a potential escalation.

How Can Lowther | Walker’s OIG Defense Attorneys Help?

Our priorities at the subpoena stage of a healthcare fraud investigation include the following:

Preventing escalation to criminal proceedings

We’ll analyze the data at the OIG investigation team’s disposal and determine whether the evidence has prosecutorial merit. In cases with limited evidence, our team can help prevent further escalation and immediately help conclude any potential case.

Maintaining investigation privacy

Even in cases where you’re a mere witness with evidence of value to an ongoing investigation, you may wish to limit the scope of the investigation to protect your reputation in the healthcare field. Lowther | Walker will fight on your behalf to maintain discretion and minimize publicity. We can file motions to quash the investigation or a motion for a protective order.

Managing government communications effectively

If you’re the target of an OIG investigation, effective communication with investigators is essential. Lowther | Walker has proven experience in complex OIG investigations and knows how to effectively represent our clients’ best interests in responding to documentation and other investigator requests.

Securing favorable resolutions

The presence of experienced defense counsel, particularly attorneys with federal prosecution backgrounds, is crucial for keeping investigations civil and resolving cases in your best interests. Our attorneys secure favorable outcomes by interceding for our clients at the subpoena stage, identifying the OIG’s line of enquiry and aggressively countering any potential criminal charges.

Common Triggers for OIG Subpoenas

OIG investigations typically begin with the following:

Internal Reports

Current or former employees and business partners may provide the OIG information that the government deems credible enough to warrant investigation. Internal reports include Qui Tam (Whistleblower) lawsuits in which a former employee, coworker, or business partner acts as a witness for the government.

Agency Investigations

Federal authorities may initiate investigations based on their internal documentation, for example, based on Medicare audits where auditors flag a medical provider’s billing data. Agency investigations may also begin from the OIG fraud, waste, and abuse hotline or referrals from the Department of Justice.

Suspicious Audit Data

The OIG may also issue a subpoena following the submission of suspicious data, either directly through a federal payment program or during a Medicare audit. Auditors can coordinate with federal investigators to analyze the data and present subpoenas as the launch of a healthcare fraud investigation.

What is the Scope of OIG Subpoenas?

OIG subpoenas and their related documentation requests from investigators at the OIG often continue for several years. Following their subpoena, the scope of the OIG investigation can widen, and may involve the request of the following documents:

• Patient medical records
• Billing documentation
• Financial statements
• Communication records
• Staff credentials and training records
• Internal policies and procedures
• Quality assurance documentation

The potential for a wider investigation and for a prolonged impact on your business, your employees and your patients further highlights the need for proactive legal guidance after a subpoena.