Many physicians, clinics, nursing homes, and hospitals in Florida treat patients who are covered by Medicare and Medicaid and receive payment from the government for their services. Unfortunately, these programs can be abused through various types of fraudulent activity committed by these same agencies and professionals. Various state and federal laws can be involved in this type of healthcare fraud. Those who are accused of any type of Medicare or Medicaid fraud may face felony charges at the state or federal level or both. Because of the seriousness of such charges, it is imperative that you have an attorney working your defense who has experience handling white collar crimes of this nature.
At Morris Law Firm, P.A., our experienced attorneys can conduct an intensive investigation into the charges levied against you to determine all underlying facts and circumstances. We can thoroughly review them to uncover any mistakes, flaws, or inconsistencies in the prosecutor’s case that can put it into doubt. Our lead attorney is a former prosecutor with a thorough understanding of the state and federal laws involved in fraud against Medicare and Medicaid. We are also experienced trial lawyers who know how to thoroughly prepare your case and present compelling arguments before a judge and jury.
Facing fraud charges? Contact Morris Law Firm, P.A. at (727) 592-5885 to arrange for a case review with one of our St. Petersburg Medicare fraud defense attorneys.
Medicare & Medicaid Fraud in Florida
In Florida, if you are accused of Medicare or Medicaid fraud, you may be facing violations of both state and federal law. Florida has established its own laws on this issue that outline how fraud may be committed. Additionally, other laws may come into play, such as the False Claims Act, False Statements Act, and Anti-Kickback Statute depending on the circumstances.
For instance, examples of fraud committed under Florida law can include but is not limited to the following:
- By making false statements or through omission of information on a Medicare or Medicaid claim.
- By falsely claiming services or goods not authorized under the program.
- By failing to make credits for the receipt of payments from third parties.
- By soliciting or accepting bribes for referrals of patients to doctors or facilities.
- By providing any misleading information to a Medicaid provider.
- By soliciting or accepting bribes for Medicaid goods or services.
Penalties for Medicare or Medicaid fraud in the Sunshine State will depend on the value of the services, goods, or benefits involved in the case. If the amount spent was $10,000 or less, you will face third-degree felony charges carrying up to five years in prison and fines of up to $5,000. If the amount spent was between $10,000 up to $50,000, the fraud will be charged as a second-degree felony carrying up to 15 years in prison and a fine of up to $10,000. In cases of fraud exceeding $50,000, it will be charged as a first-degree felony carrying up to 30 years in prison and fines of up to $10,000.
Federal Laws Pertaining to Medicare & Medicaid Fraud
Under the False Claims Act, it is a crime to make false or fraudulent claims to a government agency. If you do so in regard to Medicare or Medicaid, you can face a prison sentence of up to five years and a fine of up to $25,000. Similarly, the False Statements Act criminalizes making false or fraudulent statements to government agencies. Under this Act, you face up to five years in prison and a fine imposed in an amount at the court’s discretion. Under the False Statements Act, you can also face multiple charges for every false statement you make to the agency.
The Anti-Kickback Statute is one that criminalizes kickbacks given to those making patient referrals or referrals for goods or services. Violations of this law can also result in up to five years in prison and a fine of up to $25,000.
Agencies that investigate Medicare and Medicaid fraud can include the Centers for Medicare and Medicaid Services, the FBI, the Department of Justice, the Department for Health and Human Services, the Health Care Fraud Prevention and Enforcement Action Team, and more. When facing such an investigation, you need representation as soon as possible.
Facing State or Federal Charges of Medicare or Medicaid Fraud
As you can see, fraud in these matters is a very serious legal issue that can result in multiple charges involving heavy fines and lengthy prison terms. Even the mere allegation that you have committed some type of healthcare fraud can taint your reputation and jeopardize your future. Whether you are a physician, lab, pharmacy, clinic, or hospital, you need diligent legal representation. We advise you to turn to Morris Law Firm, P.A., where we have the resources, experience, and skills to protect your legal rights and pursue your best interests.
Call our offices at (727) 592-5885 to book a consultation today.
