Top Fort Defiance, AZ Medicare Fraud Lawyers Near You
1717 Arch Street, Suite 3810, Philadelphia, PA 19103
301 S. Bronough St., Ste 600, Tallahassee, FL 32302-3189
8080 North Palm Avenue, 3rd Floor, Fresno, CA 93711
580 California Street, 12th Floor, San Francisco, CA 94104
1500 Jackson St, Suite 201, Fort Myers, FL 33901
1800 West Loop South, Suite 1110, Houston, TX 77027
200 Civic Center Drive, Suite 1200, Columbus, OH 43215-4260
1602 Rolling Hills Drive, Suite 212, Henrico, VA 23229
8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247
6075 Poplar Avenue, Suite 500, Memphis, TN 38119
71 South Wacker Drive, 47th Floor, Chicago, IL 60606
600 Third Avenue, 25th Floor, New York, NY 10016
2501 N Harwood St, Suite 1800, Dallas, TX 75201
2200 N Park Ave, Winter Park, FL 32789
211 High Point Drive, Victor, NY 14564
39 Russ Street, 2nd Floor, Hartford, CT 06106
1901 Avenue of the Stars, Suite 900, Los Angeles, CA 90067
901 E Byrd Street, Suite 1105, Richmond, VA 23219
150 E 42nd St, New York, NY 10017-5639
201 E Las Olas Blvd, Suite 1800, Fort Lauderdale, FL 33301
8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031
7310 Turfway Road, Suite 210, Florence, KY 41042
6411 IVy Lane, Suite 415, Greenbelt, MD 20770
1 World Trade Center, 8th Floor, Long Beach, CA 90802
1900 Avenue of the Stars, Suite 2700, Los Angeles, CA 90067
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