Top Fort Defiance, AZ Medicare Fraud Lawyers Near You
3339 Peachtree Rd NE, Atlanta, GA 30326
332 Fifth Ave, Fl 1, Pittsburgh, PA 15222
382 Springfield Ave, Suite 300, Summit, NJ 07901
1400 Meadowbrook Rd, Suite 100, Jackson, MS 39211
3105 NW 107th Ave, Suite 400, Miami, FL 33172
553 E Tennessee St, Tallahassee, FL 32308
17434 Bellflower Blvd., Ste. 200-229, North Hollywood, CA 90706
123 W. Allegan St, Suite 400, Lansing, MI 48933
401 East Las Olas Blvd., Suite 1000, Fort Lauderdale, FL 33301
222 Deleware Ave, Suite 1710, Wilmington, DE 19801
1919 8th St, Boulder, CO 80302
1717 Main St, Suite 4625, Dallas, TX 75201
101 Federal St, Suite 1900, Boston, MA 02110
1221 Main Street, Suite 1800, Columbia, SC 29211
100 SE 2nd Street, Suite 2100, Miami, FL 33131
161 N Clark, Suite 4500, Chicago, IL 60601
128 S Tejon St, Suite 402, Colorado Springs, CO 80903
100 Pearl Street, 10th Floor, Hartford, CT 06103
1 Gateway Center, Suite 2600, Newark, NJ 07102
101 North 3rd Street, Suite 400, Wilmington, NC 28401
625 East Twiggs Street, Suite 1000, Unit 117, Tampa, FL 33602
6565 Americas Parkway NE, Suite 200, Albuquerque, NM 87110
250 W 55th St, 13th Floor, New York, NY 10019
, Enola, PA 17025
111 W. Jackson, Suite 1700, Chicago, IL 60604
Fort Defiance Medicare Fraud Information
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What Constitutes Medicare Fraud?
Medicare is a national health insurance program, administered under the Centers for Medicare and Medicaid Services (CMS). Medicare covers many of the healthcare expenses of enrollees. Uncovered services and remaining costs may be covered by private insurance or other government benefit programs. To be eligible under Medicare, the individual has to meet one of the following requirements:
- Age 65 or older and a U.S. citizen, or LPR for 5 continuous years with a qualifying spouse or ex-spouse
- Under 65 with a disability and have been receiving SSDI or other disability benefits for a qualifying period of time
- People with End-Stage Renal Disease (ESRD) receiving continuing dialysis
Medicare fraud involves making false claims or fraudulent misrepresentations for Medicare health care benefit reimbursement. According to the Government Accountability Office, Medicare is vulnerable to fraud, with a low rate of Medicare claim audits. People accused of Medicare fraud can involve anyone involved in government healthcare benefit program, including:
- Doctors and medical providers
- Billing professionals
- Health care professionals
- Health care services companies
- Insurance companies
- Pharmaceutical companies
What Are Examples of Medicare Fraud?
Medicare fraud generally occurs between medical care providers and patients, vendors, or other doctors. There are several examples of medical billing fraud, anti-kickback violations, and financial gain through improper self-referral. Some common examples of Medicare fraud include:
- Billing for services that are not necessary
- Health care provider treatment for an undiagnosed condition
- Charging for an unnecessary expensive service
- Paying kickbacks for referrals
- Unbundling medical procedures
- Double billing or duplicate claims
- Up-coding
- Billing for medical services never provided
How is Medicare Fraud Determined?
There are several ways Medicare fraud can be identified. Suspected fraud can be reported by patients, healthcare providers, or even employees. Health care fraud cases can also be identified through computer analysis. CMS uses a Fraud Prevention System (FPS) to identify possible fraud. According to CMS, the FPS is a “state-of-the-art predictive analytics technology.”
The system assesses all Medicare fee-for-service claims to identify fraudulent claims and take administrative action. When patterns of inappropriate billing are identified, investigators conduct site visits, interview patients, and review medical records to identify fraud.
The Office of Inspector General (OIG) has a hotline for reporting potential fraud and Medicare abuse. Patients, co-workers, or employees may have an incentive for reporting fraudulent billing and may be eligible for whistleblower awards under some federal programs.
Is Medicare Fraud Civil or Criminal?
Medicare fraud charges can involve both civil and criminal laws and penalties. Federal health care fraud carries felony criminal charges. The penalties for a conviction of federal government fraud include up to 10 years in federal prison, or up to 20 if it resulted in serious bodily injury.
When a doctor refers a Medicare patient to another business or provider where the doctor has a financial interest, it may be a violation of the Physician Self-Referral Law, or the Stark Law. Civil penalties for illegal patient referrals include civil penalties, treble damages, and Medicare program exclusion.
The Anti-Kickback Statute is a criminal statute, with penalties including possible imprisonment for up to five years, fines, and exclusion from federal benefit programs.
The False Claims Act (FCA) provides for civil penalties where a doctor defrauds the federal government. The FCA also provides a reward system, and whistleblowers can recover up to 30% of the money recovered by the government.
Other penalties may include restitution, or paying back the victims of fraud. After a conviction for Medicare fraud, a doctor could also lose their medical license or be excluded from participating in Medicare or Medicaid. Medicare fraud may also involve other criminal violations, including:
- Identity theft
- Forgery
- Money laundering
- Wire fraud
- Insurance fraud
What if You Are Accused of Medicare Fraud?
Not all Medicare fraud criminal investigations involve criminal intent. There are a number of possible explanations or legal defenses when a doctor faces fraud allegations. In many cases, suspected fraud may be caused by simple mistakes or unclear rules, without any intention of fraud. A fraud attorney can review your case for a strategic defense, with possible defenses including:
- Accidentally putting in the wrong billing code
- Accidentally ordering extra diagnostic tests
- Billing employees did not have the proper training
- Patient claimed they did not already have a procedure or test
- Misspellings or unclear handwriting