Health Care Fraud and Medicare Fraud
Health Care Fraud and Abuse covers a variety of areas. This particular indictment can apply to pharmacies, pharmacists, doctors, dentists, or anyone providing services or products to individuals for health care. A health care fraud indictment can come in many forms with many different counts. There is usually a substantial fine associated with any medicare or medicaid fraud indictment.
The Federal government takes Medicare fraud very seriously and will always seek prison time for any violation. Doctors and clinics are some of the most common defendants in a Medicare fraud indictment. There are many ways to be charged with Medicare fraud, but in general it is the billing under the Medicare assigned number that opens up the indictment.
Several Medicare Fraud Cases:
- Billing for services not performed
- Billing for medicines that are not given
- Billing for medical devices that are not need
- Billing for medical devices that are never provided
Anytime a bill is submitted to the United States with a Medicare number it is automatically under Federal Jurisdiction. Retired doctors are used many times just for their Medicare number.
DEFENSES TO HEALTH CARE FRAUD AND MEDICARE FRAUD:
- Clerical Errors
- Vindictive Employees
- Lack of Supervision of Billing
- Lack of Supervision of Treatment
- Government Error
Many of these defenses allow the defendant to push the case back onto the government to prove a fraudulent intent. You must intend to defraud the government, it cannot just be an error in billing. Many times the government will be looking to employees and prior employees as witnesses in the case. Especially any employees that have any exposure in the case. It is extremely important to not discuss the case with the employees, rather have an investigator get involved to resolve any outstanding issues.
If you even think that you or your clinic is being investigated, it is critical to get an attorney involved. What you or your employees say to the government could determine whether you are indicted or not.
Call our office to speak to an attorney today. You can reach us at 1-800-94TRIAL or contact us online.
Our health care fraud attorneys in Charleston, Myrtle Beach, Florence, Columbia, North Myrtle Beach, Hilton Head, Miami, and Miami Beach are able to defend all federal indictments.