Healthcare and Medicare fraud defense in South Florida

If you own, manage or work in a medical practice, pharmacy, laboratory or home-health agency, a subpoena, an audit or a visit from agents can be the first sign of a federal case. Talk to a trial lawyer before you respond.

Free, confidential consultation.

Where are you in the process?

What to do now

  1. Be polite, but do not answer questions about billing or patients until you have spoken with a lawyer.
  2. Ask for each agent’s name, agency and contact details.
  3. Do not delete, change or move records, emails or billing data.

What the government has to prove

The federal healthcare fraud statute makes it a crime to knowingly and willfully carry out, or try to carry out, a scheme to defraud a health care benefit program, or to obtain its money through false or fraudulent pretenses, in connection with health care services.

Health care benefit programs include Medicare, Medicaid and TRICARE, and also private insurance plans. The statute says a person does not need to know about the law itself, or intend to violate it, to be convicted. The government must still prove the person acted knowingly and willfully, and intent is often where these cases are fought.

Intent is often where these cases are won or lost.

Charges that often come with these cases

Healthcare fraud indictments frequently include more than one count. These are the federal statutes that come up most often.

ChargeWhat it coversMaximum prison term
Health care fraud, 18 U.S.C. § 1347A scheme to defraud a public or private health care benefit program10 years; 20 if it results in serious bodily injury; life if it results in death
Attempt or conspiracy, 18 U.S.C. § 1349Attempting or agreeing with others to commit fraudThe same as the underlying offense
Kickbacks, 42 U.S.C. § 1320a-7b(b)Paying or receiving anything of value for patient referrals or federally covered business10 years and a fine of up to $100,000
False statements, 18 U.S.C. § 1035False statements or concealment in a health care matter5 years

Sentences actually imposed depend on the federal sentencing guidelines, the alleged loss and many other factors. A federal case can also bring civil claims under the False Claims Act and exclusion from Medicare and Medicaid.

Who investigates

Healthcare fraud cases are usually built by the Justice Department’s Fraud Section working with the FBI, the Office of Inspector General of the Department of Health and Human Services (HHS-OIG) and the Centers for Medicare & Medicaid Services. Prosecutors run a dedicated healthcare fraud strike force in Florida.

Investigations often begin with billing data, a payment audit or a former employee who becomes a cooperating witness, long before anyone is charged.

How these cases usually unfold

  1. Data and auditsBilling patterns are flagged, and payments may be audited or suspended.
  2. Subpoenas and agentsRecords are subpoenaed, search warrants may be executed and employees are interviewed.
  3. Target lettersPeople prosecutors consider likely defendants may be notified before charges.
  4. IndictmentCharges are filed, often against several people at once.
  5. Plea or trialThe case resolves by agreement, by motion or in front of a jury.

Where these cases are often defended

Every case turns on its own facts. Issues that frequently matter include:

  • Intent. Whether the person acted in good faith, relied on billing or compliance advice, or knew of the conduct at all.
  • Medical necessity. Whether services the government calls unnecessary were reasonable clinical judgments.
  • The government’s numbers. How loss and billing patterns were calculated.
  • Cooperating witnesses. The credibility and motives of former employees or co-defendants.

How Kaufman Legal Group can help

Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz and Victor Rocha, who together bring decades of federal defense experience. The team can respond to agents and subpoenas, deal with prosecutors before charges are filed and prepare the case for trial.

Questions

Common questions

Does private insurance count, or only Medicare?

The federal statute covers any health care benefit program, including private insurers as well as Medicare, Medicaid and TRICARE.

Should I talk to HHS-OIG or FBI agents if they come to my practice?

You can be polite and take their contact details, but speak with a lawyer before answering questions about billing, patients or the practice.

Can I be charged if I did not know something was illegal?

The statute says a person need not know about the law itself. The government must still prove you acted knowingly and willfully, and your intent is often central to the defense.

Can my practice keep billing Medicare during an investigation?

Sometimes, but payments can be suspended and a conviction can lead to exclusion. A lawyer can help you understand the risks while the investigation is open.

Contact

Request a free, confidential consultation

Leave a name and number and a lawyer will call you back. If someone has been arrested or is a target of an investigation, call the firm now.

(954) 648-8965
Kaufman Legal Group, PA
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
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