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OIG investigations compliance and defense for labs

February 27, 2025

Last Updated on: 29th March 2025, 02:10 am

OIG INVESTIGATIONS COMPLIANCE AND DEFENSE FOR LABS

If your laboratory is under investigation by the Office of Inspector General (OIG) for alleged wrongdoing, you could face serious consequences, like crippling fines and prison time. These penalties can destroy your lab’s reputation, and they can stop you from doing business in the future. At Spodek Law Group, a nationwide federal defense law firm created by Todd Spodek, we don’t tolerate excuses, and we won’t accept half-measures. Our goal is simple: protect your lab, and get you the best possible resolution.

WHAT IS THE OIG?

The OIG is the government agency that was created to investigate fraud, waste, and abuse involving federal healthcare programs. Investigations that are conducted by this agency often involve labs that were accused of billing fraud, kickbacks, or violating other federal rules. You can read more about the OIG’s mission at the official website. If the OIG thinks you broke the law, it can recommend criminal charges, which means you could end up in court facing harsh outcomes.

COMMON COMPLIANCE PROBLEMS LABS FACE

Many labs that were investigated by the OIG failed to keep proper billing records, or they used improper referral arrangements. Problems like these can bring federal scrutiny. Once you are under the OIG’s microscope, you need to fix any weaknesses in your compliance program, or you risk even bigger issues that might include criminal charges.

  • Billing Irregularities: A lab that was billing for services not rendered can be charged with fraud. That leads to heavy fines, and possible jail sentences for those involved.
  • Kickback Schemes: If you paid or received hidden compensation for referrals, the OIG may accuse you of violating the Anti-Kickback Statute. Those charges can result in felony convictions, which can result in prison time.
  • Lack of Proper Protocols: Labs that do not maintain strict compliance processes risk investigations that can harm revenue, and push them out of business.
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POTENTIAL PENALTIES AND RISKS

An OIG investigation is a direct threat to your future, and it can escalate quickly. Penalties often include steep fines, long probation terms, or even jail time. That means you lose your freedom, and your lab may lose its license to operate. If federal prosecutors decide to bring charges, you could also face civil liability and might pay damages that drain all your assets.

A criminal record that results from an OIG investigation can also affect your ability to do business with government programs, and it can prevent you from holding certain professional licenses. That means you could be shut out of the Medicare and Medicaid markets, or you could be prohibited from taking on any government-funded projects.

STRATEGIES FOR DEFENDING YOUR LAB

At Spodek Law Group, our team takes a hard look at every piece of evidence that was collected against you. If that evidence was illegally obtained, we will fight to have it thrown out. When evidence is tossed out, the government’s case often weakens, which opens the door to dismissals or favorable plea agreements.

We also examine whether the government can prove criminal intent. If the prosecutors cannot prove intent, you might avoid a felony conviction, which can spare you from prison. In some cases, we push for a resolution in which your lab pays a smaller settlement, and in return, the government drops criminal charges.

Here is a quick reference table you can use:

Issue Possible Penalties Our Approach
Billing Fraud Heavy fines, criminal charges, jail time Challenge intent, review billing records, negotiate with prosecutors
Kickback Allegations Felony conviction, prison, loss of license Analyze financial arrangements, question evidence, seek reduced charges
Lack of Compliance Protocols Enforcement actions, costly settlements, forced closure Implement strict compliance programs, correct errors, negotiate with authorities
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OUR PHILOSOPHY AND NO-NONSENSE APPROACH

Spodek Law Group believes in delivering direct, honest feedback. We will call out any gaps in your compliance, and we will demand that you fix those gaps right away. This can be uncomfortable, but it can also save your lab from more serious legal trouble. We look at the systems inside your company, because a broken system that is left alone will keep causing problems. That can lead to repeat violations, which multiply the penalties you might face.

We focus on root causes, and we push our clients to do the same. If you try to use patchwork fixes, the OIG will see right through them. If you drag your feet or make excuses, we will let you know, and we will insist on stronger, faster action. Our team has 50 years of combined experience dealing with these cases, coast to coast, and we fight aggressively for every client.

HOW WE CAN HELP

If you hire us, our attorneys will review all evidence that was gathered, look for violations of your rights, and aim to have weak or illegally obtained proof excluded from court. We will also communicate with federal prosecutors to negotiate an outcome that is aimed at sparing you from the worst penalties. In some situations, we might recommend that you go to trial, especially if there are serious doubts about the government’s case. If you decide to fight in court, we will craft a bold defense strategy that puts the government on the defensive.

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We are available 24/7 to speak with you, and we provide a risk free consultation. Our law firm represents labs throughout the United States, and we can handle your matter whether you are in New York, California, or anywhere else. If you want an aggressive team that cares about your success but does not tolerate excuses, reach out to us now. Waiting too long can cost you everything you have worked for.

DISCLAIMERS

This article is not legal advice, and it does not create an attorney-client relationship between you and Spodek Law Group. Every case is unique, and you should speak to an attorney licensed in your state about your specific situation. The references to fines, jail time, or other consequences are examples, and they are not predictions about your case. If you have questions, call us for a free consultation.

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JEREMY FEIGENBAUM

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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