Medicare and Healthcare Fraud
Medicare is a federal program designed to pay for health care services provided to individuals who (1) have disabilities or (2) cannot otherwise afford to pay. Unfortunately, accompanying that government program is a large amount of federal agency investigations and prosecutions of Medicare fraud against the health care organizations, health care providers, and distributors of durable products who are giving these individuals care and service.
Doctors, nursing agencies, home health care organizations, nursing homes, registered care facilities, hospitals, clinics, surgeons, primary care physicians, and other health care providers along with individuals and organizations providing durable health care products (wheelchairs, catheters, etc.) can all be accused of Medicare (and Medicaid) health fraud.
Usually, serious health care fraud crimes involves allegations of fraudulent billing where the provider is alleged to have requested payment for services he or she did not render, or products he did not provide, totaling to a significant amount over time, and can involve one or more of the following:
Filing of false claims to Medicare (or Medicaid)
Filing of excessive claims to Medicare (or Medicaid)
Durable products fraud to Medicare (or Medicaid)
Overbilling to Medicare (or Medicaid)
False billing to Medicare (or Medicaid)
Excessive billing to Medicare (or Medicaid)
Unauthorized billing to Medicare (or Medicaid).
The Importance of Getting Legal Advice upon Receipt of Notice of Audit
Usually, the first that a health care provider or durable goods/product supplier will know of any suspicions of their being involved in health care fraud happens when a notice of audit arrives in the mail.
It is very important to their overall defense that experienced and aggressive criminal defense health fraud attorneys are involved at this early juncture. A savvy Medicare/Medicaid fraud attorney may be able to thwart a much larger investigation by negotiating a quick resolution at this point: maybe claims are amended to demonstrate its legitimacy, maybe a payout refund or payment plan is negotiated.
If health care Medicare/Medicaid fraud charges are filed, then the doctor or hospital or other provider should work closely with his health care fraud attorney to protect their livelihood, their reputation, and their legal rights during the investigation and prosecution of the matter. Any audit must be challenged, item by item, and any financial obligations that do ultimately result must be reasonable and just.
Finally, the government officials must be aware that you and your criminal defense health care fraud attorney stand ready to appeal the matter to district court for a full trial, if a dismissal or other satisfactory resolution cannot be reached.
Swartz Law Firm Represent Defendants Charged With Medicare and Health Care Fraud
With over 25 years of trial experience as criminal defense lawyer in Miami, Ken Swartz represents individuals in Miami-Dade County and throughout Florida who have been accused or charged with Medicare, Medicaid or other Health Care Fraud that involve the risk of serious imprisonment or jail time and serious monetary fines along with the loss of significant assets, professional reputation, and business goodwill.
If you, your practice, your business or health care organization is facing federal or Florida state charges involving Medicare Fraud or Health Care Fraud, then please feel free to call Swartz Law Firm to schedule an initial consultation with a top miami criminal defense fraud attorney.
Aggressively and expertly defending people who have been accused or charged with a serious crime in state or federal court – it's what we do. Call us if we can be of help to you.