Recent Blog Posts
False Claims Act (31 US Code § 3729): What Are the Penalties?
The False Claims Act (FCA) prohibits parties from defrauding the government. Medicare and Medicaid fraud fall under the ambit of the FCA, as do other forms of overbilling and fraud that impact government agencies or entities. The penalties for a scheme of violating the FCA can be severe. Read on to learn about civil… Read More »
What Physicians and Healthcare Organizations Should Know About Asset Forfeiture
Pursuant to federal law, the government has the authority to freeze or force parties to forfeit assets in their possession in advance of criminal prosecution or civil litigation. The government can seize accounts, freeze accounts, and take other actions against healthcare providers in connection with healthcare fraud litigation. Asset freezes and forfeiture can have… Read More »
As a Doctor, Do I Self-Report a DUI to the Licensing Board?
Licensed professionals are held to a higher standard than individuals in other occupations. Maintaining a professional license means keeping up with ongoing education, paying license fees, and avoiding regulatory or legal trouble. Doctors are held to especially high standards, even among professionally-licensed occupations. Certain criminal convictions can lead to sanctions or even license revocation…. Read More »
Medicaid Fraud Investigation: The Process & Penalties
While Medicaid is funded at the federal level, it is a state-administered program. Forty-nine states including the District of Columbia have Medicaid Fraud Control Units. These MFCUs are state law enforcement agencies and are typically a part of the state’s attorney general’s office. MFCUs are separate entities from state Medicaid programs. Still, these two… Read More »
What is Considered a Kickback in Healthcare
Healthcare professionals are perhaps more regulated than professionals in any other industry. Even minor oversights can lead to significant liability to patients, insurance providers, and the government. Unlawful conduct perpetrated by physicians and other medical professionals is often punishable with serious criminal charges. Even conduct that is perfectly acceptable in other industries is criminal… Read More »
DEA Audits & Investigations: Reasons for Controlled Substances Audits
Healthcare providers that prescribe or dispense medications are required to comply with the tenets of the Federal Controlled Substances Act (CSA) among myriad other federal laws. The U.S. Drug Enforcement Administration (DEA) has the authority to conduct periodic audits and investigations of medical services providers and pharmacies, reviewing medication storage locations, laboratories, and medical… Read More »
What Are the Penalties for Healthcare Fraud (18 USC § 1347)
Healthcare fraud is a prevalent issue in the United States. According to U.S. government estimates, Medicare, for example, pays out over $25 billion a year to fraudulent claims. For that reason, healthcare fraud is taken extremely seriously and is punished quite severely. Healthcare providers facing allegations or investigations about possible healthcare fraud must act… Read More »
Reasons to Hire a Medicare Fraud Attorney
If you operate a healthcare practice, you know just how many laws, regulations, governmental and nongovernmental regulatory bodies, and other concerns you have to address on top of the already-Herculean task of running a medical business. The last thing you need is a government investigation concerning fraud allegations. Below, the seasoned healthcare law and… Read More »
Can Medical Malpractice Be a Crime?
Medical malpractice is typically a civil matter. It can be costly–medical malpractice suits can easily lead to verdicts in the hundreds of thousands or millions of dollars–but doctors, nurses, and other medical professionals are not usually subject to criminal prosecution. Are there circumstances, however, where medical malpractice can be punished criminally? Are physicians ever… Read More »
What is the Difference Between Fraud and Abuse in Healthcare?
Healthcare fraud and abuse are often mentioned in the same breath, and they are sometimes used interchangeably. They are, indeed, related concepts, and the effects of each for patients and others may be difficult to distinguish. There are, however, important legal distinctions between the two concepts, including the potential penalties. Continue reading for a… Read More »