Top-Rated New Jersey Attorney Defends Against Charges of Medicare Fraud
Skilled and determined representation to protect your medical practice
Medicare and Medicaid are essential pieces of the American social safety net. These federal programs provide necessary funding to provide healthcare services to the elderly and the poor, saving millions of citizens from unnecessary suffering and financial hardship. Unfortunately, rampant fraud against the system has led to sweeping investigations and zealous prosecutions, which often implicate innocent practitioners. Don’t allow your medical practice and your reputation to be ruined by overly aggressive and ambitious law enforcement. As soon as you learn of an investigation, you need effective criminal defense to protect your rights. For more than 35 years, the Law Office of David Jay Glassman has provided aggressive representation that delivers positive results. Our attorney is ready to fight for you.
What is Medicare fraud, and what are the penalties?
What we call Medicare fraud is the crime of theft by deception against the United States government. Medicare or Medicaid fraud is therefore a federal crime, investigated by the FBI and prosecuted by the U.S. Department of Justice. The federal statutes that control Medicare fraud include:
- False Claims Act — This federal statute makes it a crime to overcharge the government. No one can submit claims for payment to Medicare or Medicaid that they know or should know are fraudulent. Penalties for false claims include fines of up to three times the programs’ loss plus $11,000 per claim as well as prison time.
- Anti-Kickback Statute — This statute outlaws the knowing and willful payment of remuneration to generate business that involves any service payable by a federal healthcare program. Individuals who pay or receive funds are liable for criminal and administrative penalties. Fines run as high as $50,000 per kickback plus three times the amount of the remuneration.
- Physician Self-Referral Law — Commonly known as the Stark Law, this statute prohibits physicians from referring patients for health services payable by Medicare or Medicaid from entities in which the physician or an immediate family member is invested. Penalties for physicians who violate the Stark Law include fines as well as a ban from participating in the federal healthcare programs.
It’s impossible to know exactly how much Medicare and Medicaid fraud costs U.S. taxpayers annually, but estimates range from $75 billion to $250 billion. It’s no wonder federal authorities are aggressively pursuing even the most technical violations by well-meaning healthcare providers.
What are the most common types of Medicare fraud?
Actions that are considered Medicare or Medicaid fraud include:
- Billing for services a patient did not receive
- Billing for more expensive services than a patient received
- Performing services that are not medically necessary and subsequently billing for them
- Prescribing medically unnecessary medications
- Ordering tests that are not medically necessary
- Billing for each step of a procedure as if they occurred during different sessions
- Waiving unqualifying copays and deductibles
- Taking kickbacks
Any of these acts, even inadvertently, can put you in violation of a federal statute and in legal jeopardy.
Why you need a Medicare fraud defense attorney
If you are suspected of Medicare or Medicaid fraud, you should immediately contact a defense attorney who is qualified by training and experience to handle complex federal criminal cases, because:
- The penalties you face include steep fines and prison time.
- The charges can ruin your reputation and your medical practice.
- The investigators and prosecutors are highly trained, talented and motivated.
When clients retain our services early in the investigation, we can often resolve issues without charges being brought. When a settlement is not possible, we fight aggressively to mitigate the consequences for you and your practice.
Contact a top-rated New Jersey lawyer for your Medicare fraud defense
The Law Office of David Jay Glassman provides aggressive defense to Medicare and Medicaid fraud charges throughout New Jersey. To arrange a free consultation, call 866-221-1270 or contact us online. We have offices in Marlton, New Brunswick, Hackensack and Newark.