Hard-Hitting Defense Against Medicare Fraud Charges
Medicare fraud is an ongoing problem that defrauds the federal government of millions of dollars every year. Investigators, police and government agencies work hard to prevent and stop fraud by way of Medicare billing. In the process, sometimes hardworking medical professionals are accused of fraud that was, in fact, unintentional.
Was your medical clinic, hospital or private physical therapy practice caught in the crossfire of an overzealous investigation? Were honest mistakes in billing and bookkeeping construed to be a full-blown Medicare fraud practice? Have your accountants been accused of double billing? Have your physicians been charged with billing for services that they did not provide?
Which Federal Laws Address Medicare Fraud?
The False Claims Act prohibits a person from defrauding the government. The law covers all government programs, including Medicare. A physician can be held liable for deliberately submitting a false Medicare claim or for acting in reckless disregard of the truth in filing a Medicare claim. The law has both criminal and civil components, meaning that violators are subject to prison sentences and heavy fines.
The Criminal Health Care Fraud Statute prohibits a person from knowingly and willingly defrauding Medicare. A person in Albany who violates the statute is subject to a prison sentence and/or fines.
The Anti-Kickback Statute allows for criminal penalties, including prison time, to apply to anyone who offers or receives compensation for referring patients to receive items or services reimbursable by a federal health care program.
The Physician Self-Referral Act (Stark Law) specifically prohibits physician self-referrals. This means that a physician may not refer patients to private facilities in Albany where they have an ownership or financial interest. A physician who violates the law can be fined and excluded from participating in federal health care programs.
The Exclusion Statute calls for physicians in Albany who commit Medicare fraud to be excluded from participating in all federal health care programs. Health care facilities that ignore the statute and employ an excluded physician may incur heavy fines.
The Civil Monetary Penalty Law. which is contained in the Social Security Act, imposes civil penalties on physicians who commit Medicare fraud or who violate one of the other Medicare fraud statutes.
Defending Albany Residents Charged With Medicare Fraud
The Law Office of James E. Tyner, PLLC, is a full-service, well-established Albany criminal defense law practice that serves individuals and entities such as businesses and medical practices. My firm defends clients in all federal district courts.
I am here to provide the aggressive representation that you need to salvage your reputation and keep your medical practice thriving while the fraud case is being resolved. You can count on my Albany criminal defense firm to be discreet in handling this time-sensitive legal matter.
Contact An Albany Criminal Defense Lawyer
If you have been charged with any type of white collar crime, such as health insurance fraud or Medicare fraud, and need to speak with an attorney, schedule a free consultation. Call 518-783-3800 or email me directly regarding fraud defense for your dental office or medical practice.