Medical Defense Professionals
THE SILVA LAW FIRM
We represent medical professionals in all aspects of their practice.
HEALTHCARE FRAUD DEFENSE
We focus our practice on defending medical professionals against allegations of healthcare fraud.
Recent changes in Federal Law have enhanced the government’s investigative toolbox for ferreting out potential healthcare fraud. A new task force is in place armed with new software and with expanded time and resources. Government prosecutors may seek tens of millions in damages, years in prison, and forfeiture of assets.
Civil Investigative Demand/Subpoena
If you are a medical provider who already received a Civil Investigative Demand or Subpoena from the government - you should immediately consult with The Silva Law Firm. Our practice is focused on advising medical professionals in all areas of their practice. We have an insight into the functions and tactics of the government due to our prosecutorial background - a unique insight to help you defend against the various government agencies that investigate healthcare fraud.
Many times, the manner in which you respond to a Civil Investigative Demand or Subpoena, and the overall completeness of you patient files is the key to quicker investigations and less involvement by the government. Documents provided to the government that point to poor administrative habits within the office could trigger more requests, a vendor hold on reimbursements, suspension of the provider's Medicare or Medicaid number, allegation of overpayments, or even criminal prosecution.
A successful administrative review by our firm could remove the provider from the government's radar. Thus, our firm works with you to organize your records in a way that is helpful to the government which then reduces your practice’s liability. We can advise you on how to follow a best practice administrative process whether you are a doctor, ambulance company, pharmacist, hospital, clinic etc.
We can also help advise on various training programs for your staff that will ensure inaccurate billing, file mismanagement, and other administrative concerns are detected and managed early before concerns arise with the government.
Having a Silva Law Firm attorney on your side can make the difference. Contact our firm today.
Much of our litigation practice involves a government action. Whether a Qui Tam or whistleblower case, a licensure defense, or a government audit/investigation, we focus on maneuvering efficiently on your behalf through these potentially administratively heavy investigations.
While government agency matters can indeed be more complex and time consuming, our firm’s strategy is a competitive advantage – we believe that an early aggressive position increases the likelihood of positive outcomes for you. Contacting our firm early in the process is critical.
Our firm works hard to influence the expeditious handling and prioritization of your case within the agency bureaucracy. Our government side experience works for you to plot an efficient resolution to cases that many times appear to crawl without.
We work with you and represent you through the steps of investigation, pleadings and discovery, pre-trial, trial, settlement and appeal. Whenever possible, our efforts avoid litigation if negotiating a resolution is advisable.
If you have been contacted regarding a potential civil matter, please give The Silva Law Firm a call.
WHITE COLLAR DEFENSE
Your company, or you as an executive, now face increased scrutiny wherever you have interests and operations.
We provide the legal advice which can help identify and address potential compliance risks, respond in the event of a government investigation, defend qui tam actions and even criminal charges. The Silva Law Firm can provide skilled legal counsel to assist whomever is facing scrutiny by government agencies over their business practices.
However, what clients appreciate even more is that our most valuable work often goes unnoticed by the public. By proactively addressing concerns raised by prosecutors and regulators, we routinely persuade the government not to proceed with costly and reputation-damaging criminal charges or public lawsuits.
What differentiates The Silva Law Firm is access to a team steeped in knowledge gained from prior service as senior federal prosecutors, enabling us to provide a unique perspective to counsel and advise clients facing criminal investigations or indictments.
Our clients appreciate our demonstrated success advising on a variety of white-collar criminal matters, including financial, health care, securities, environmental, tax, antitrust, public corruption, government contracting, commodities and Foreign Corrupt Practices Act investigations.
FALSE CLAIMS ACT AND QUI TAM LITIGATION
Chances are, if you've practiced long enough, you or a colleague knows of someone in the industry that has been pulled into a suit involving a whistleblower alleging fraudulent billing through Medicare, Medicaid, TRICARE, Department of Defense or other public health programs.
Our firm specializes in False Claims Act and Texas Medicaid Fraud Prevention Act Qui Tam defense litigation. Due to our Texas civil prosecution background, our firm claims a unique advantage in understanding the methods and tactics which government investigators and prosecutors use to pursue Qui Tam cases. We take the lead on your subpoena and civil investigation demand process, discovery, settlement negotiation, trial or whistleblower (relator) reward evaluations.
Through our compliance program assistance, we work with you to establish strong procedures which help reduce the risk of triggering a whistleblower complaint. Many times, our proactive steps help you address staff grievances early which if left unaddressed may turn into allegations.
If you are being investigated for healthcare fraud, you should immediately seek legal advice from The Silva Law Firm.
REGULATORY AND LICENSURE DEFENSE
Is your license to practice in jeopardy?
Whether you are a physician, dentist, chiropractor, nurse, PA, PN, radiologist, renal dialysis clinic or any one of the 23 certification and regulatory health programs overseen by the Texas Department of State Health Services; The Silva Law Firm has experience with the various licensure boards and certification programs in Texas that affect your professional license and certifications.
We work with you to navigate each complaint and investigation aggressively and represent you at a possible hearing in front of an agency board or the State Office of Administrative Hearings (SOAH).
Many times healthcare professionals believe that the complaint that the Board received just needs a medical explanation on their part and an answer is furnished without the aid of an attorney. This approach has been shown to increase the likelihood that a negative outcome will occur that can affect a provider’s license -either with an administrative sanction, mandatory continuing Medical Education courses, and an order that is permanently displayed on the provider’s profile.
Decrease your chances of a negative outcome on your license or certification status by calling the Silva Law Firm at the outset of a Board complaint.
COMPLIANCE PROGRAMS AND POLICIES
Whether you practice as a dentist, manage a pharmacy, are a sole practitioner, or part of a mid-size practice group, hospital, out-patient surgery center, MDE provider, home health agency or lab clinic – our compliance programs are key to a prosperous and sustaining practice.
Our firm provides legal advice on matters involving implementing corporate compliance programs for your practice. We work with you and staff on general corporate policy development and risk management assessments. This includes assessing the type of practice you manage (whether small, medium or large) and tailor a written compliance program and policies geared towards your needs. Our firm helps address new and emerging best practices and outlines any recent concerns or law changes.
Before regulators, auditors or even law enforcement officials show up on your doorsteps; before failed oversight results in crisis management; give The Silva Law Firm a call.
Do you have a legal issue not mentioned here? Give us a call to find out more.
LARA L. SILVA
Have a question or legal issue?
Lara is your expert. She has over 18 years of Civil litigation, healthcare fraud, regulatory, and administrative law experience and is licensed to practice in Fifth Circuit Court of Appeals.
As a former Assistant Attorney General for Texas, Lara has handled high-profile fraud cases for the government, including investigations, drafting subpoenas, Civil Investigative Demands, Examinations Under Oath, settlement conferences, and complex discovery management in both Federal and State court.
Get in touch with Lara now.
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*All information displayed on the The Silva Law Firm website is informational and shall not be deemed as legal advice. If you’re currently dealing with an individual legal situation, you’re invited to contact us through email or by phone. Until an attorney-client relationship has been established, we urge that you avoid sharing any confidential information.