Summary: The punishments for healthcare frauds include prison time, fines, loss of DEA registration, loss of licensure, loss of insurance participation, and loss of your practice. Therefore, a good Medicare fraud defense attorney must be hired whenever you are being investigated or even if you are being subjected to a utilization review by a Medicare contractor.
Healthcare frauds are not governed by a single statute; numerous civil and criminal Acts prescribe the punishments for various healthcare frauds. Some actions deemed healthcare or Medicare fraud include prescription and dispensation of medication that is not medically necessary or without sufficient documentation to establish medical necessity, kickbacks, prescription of unnecessary drugs, manipulating documents of patient care for monetary benefit, etc. and having a prohibited relationship with other healthcare entities. The various laws that govern these frauds include Criminal Health Care Fraud, False Claims Act, Anti-Kickback Statute, Stark Law, Health Care Fraud Conspiracy, etc. The punishments under these statutes are severe. In fact, while being investigated for Medicare fraud, your assets may be seized by the DOJ, the FBI, OIG, or the DEA. If you are accused of Medicare fraud, a Medicare fraud defense attorney is your best bet to avoid prosecution, to get an acquittal or a reduced sentence. The best result is to avoid prosecution in its entirety.
You can be imprisoned if convicted
If you have been found guilty of Medicare fraud or a related crime, you can be sentenced to probation or to prison for a short period to a very lengthy term of ten years (with a $100,000 dollar fine) or longer if someone died, as a result of your scheme, depending on the crimes you have been convicted of. If you have been convicted of an offense under the False Claims Act, you will be subject to triple damages and up to $11,000 for each false claim under the Act. If you have been found guilty of an offense under the Anti-Kickback Statute, you can be sentenced to 10 years in prison and a $100,000 dollar fine. A Medicare fraud attorney can seek to reduce your exposure or even seek to avoid prosecution.
You can lose your license or registration.
Most medical practitioners can lawfully practice their profession only if they are licensed. If a physician is convicted, he can lose his license. Some professions require certification. A conviction can result in the loss of a certificate. A DEA registration is mandatory for medical practitioners to make out valid controlled substance prescriptions to their patients. That registration certificate can be lost upon a healthcare or other conviction. In effect, if someone is convicted of a healthcare related crime (sometimes any crime), it becomes very difficult for him/her to legally practice their profession anymore. If you are found guilty of a grave Medicare fraud, you are subjected to a severe sentence and other consequences unless a good Medicare fraud defense attorney is hired to defend your case in the Court or reconstruct your professional status afterwards.
If you have any of these problems, don’t wait until it is too late. Call as soon as possible, Kenneth Joel Haber, a former Senior Attorney of the OIG, a former Assistant United States Attorney and a former Priority Security Asset of the FBI. Call 301–670–0016
