Medicare Fraud Defense Lawyer Blog

If you have just been served with a subpoena from the Department of Health and Human Services (DHHS) Office of Inspector General (OIG) or a federal grand jury, your next steps are important. Improperly withhold information and you could find yourself facing criminal charges. Share more than is required and you could find yourself at…

Under federal law, dispensing medications on the U.S. Department of Justices Controlled Substance Schedules without a valid prescription is considered a felony offense on par with selling illegal drugs. Depending on the specific medication involved, physicians, pharmacists, and other healthcare professionals found guilty of distributing controlled substances under 21 U.S.C. 841 can face years or…

As a healthcare provider, one of the greatest risks to your business or practice is the risk of being targeted in a federal investigation. Several federal agencies are involved in the government’s ongoing fight against healthcare fraud, and the U.S. Department of Justice (DOJ), Centers for Medicare and Medicaid Services (CMS), and other agencies have…

Staggering Examples of Home Health Providers Hit with Multi-Million-Dollar Penalties and Prison Sentences Want to know which healthcare providers the DOJ and OIG will target for fraud investigations in the future? Follow the money. Home health services, including house calls and other mobile health services, are on the rise. They currently account for billions of…

If you are being targeted in a Medicare fraud investigation, you are at risk for facing criminal charges. If you have heard this warning, while it is true, it only tells half of the story. While Medicare fraud investigations can lead to criminal charges, they can also lead to civil charges. Criminal and civil charges…

Why Medicare Is Scrutinizing Portable X-Ray Providers (And How We Can Help) When most people think about healthcare providers, they think of brilliant and accomplished white-collar professionals who help to meet some of society’s greatest needs. But when federal agents look at the healthcare industry, they see criminal suspects instead. More to the point, they…

Why Companies Providing Mobile Blood Draws or Diagnostics Should Be on High Alert If you’re a health care professional or a medical executive, getting accused of Medicare fraud probably sounds like something that happens to other doctors or companies – the really bad ones. But the reality is that mobile lab companies are a top…

CMS, Ambulance Coverage, and Fraud Investigations: Bad for Patients, Dangerous for Providers When does someone really need an ambulance? That sounds like a question a doctor should answer. But doctors don’t ride along in EMS units. And in an emergency, there usually isn’t enough time to get a doctor on the scene (let alone obtain…

Enacted in 2004, 18 U.S.C. 1028A establishes the federal crime of “aggravated identity theft.” When pursuing charges for a felony offense such as bank fraud, mail fraud, or wire fraud, federal prosecutors will frequently pursue charges for aggravated identity theft as well. Aggravated identity theft carries a mandatory two year prison sentence. By statute, this…

Under the federal Anti-Kickback Statute, 42 U.S.C. 1320a-7b(b), healthcare providers are prohibited from engaging in a broad range of transactions that involve funds reimbursed from healthcare benefit programs (i.e., Medicare, Medicaid, and Tricare). Using program-reimbursed funds to pay for referrals, to provide rebates, and to provide other forms of “remuneration” is a felony offense, and…