Top Crownpoint, NM Medicare Fraud Lawyers Near You
807 Brazos St, Suite 801, Austin, TX 78701
1501 Belle Isle Avenue, Suite 110, Mount Pleasant, SC 29464
1518 Willow Lawn Drive, Suite 200, Richmond, VA 23230
350 Orange St, Ste 100, New Haven, CT 06511
824 N Market St, Suite 800, Wilmington, DE 19801
4275 Executive Square, La Jolla, CA 92037
100 Old Country Rd, Suite 103, New York, NY 11501
888 Prospect St, Suite 200, La Jolla, CA 92037
5925 Carnegie Blvd, Suite 350, Charlotte, NC 28209
205 West Martin Street, PO box 150, Raleigh, NC 27602
40 Fulton St, 17th Floor, New York, NY 10038
50 Harrison Street, Suite 204A, Hoboken, NJ 07030
21600 Oxnard Street, Suite 1760, Woodland Hills, CA 91367
8437 Mayfield Road, Suite 101-E, Chesterland, OH 44026
501 Harvey Street, Winston-Salem, NC 27103
3110 Palm Harbor Blvd., Palm Harbor, FL 34683
12 Sheridan Ave, Suite 3, Albany, NY 12207
1317 W. Foothill Boulevard, Suite 245, Upland, CA 91786
104 S. Main, PO Box 730, Avilla, IN 46710
123 S Broad St, Suite 1845, Philadelphia, PA 19109
5605 Southwest Barrington Court South, Suite 201, Topeka, KS 66614
545 Metro Place South, Suite 435, Dublin, OH 43017
450 Carillon Parkway, Suite 120, St. Petersburg, FL 33716
201 S Main St, Suite 1100, Salt Lake City, UT 84111
912 Prairie Street, Suite 100, Houston, TX 77002
Crownpoint Medicare Fraud Information
Lead Counsel independently verifies Medicare Fraud attorneys in Crownpoint and checks their standing with New Mexico bar associations.
Our Verification Process and Criteria
Ample Experience
Attorneys must meet stringent qualifications and prove they practice in the area of law they’re verified in.Good Standing
Be in good standing with their bar associations and maintain a clean disciplinary record.Annual Review
Submit to an annual review to retain their Lead Counsel Verified status.Client Commitment
Pledge to follow the highest quality client service and ethical standards.
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