California Durable Medical Equipment (DME) Fraud Defense Attorney Serving Los Angeles and Southern California
Providers of durable medical equipment (DME) across the United States are facing increased scrutiny from state and federal prosecutors. DME fraud has become a hot-button issue for federal criminal prosecution especially. Companies that distribute or prescribe power wheelchairs, orthotics, crutches, oxygen equipment, and other medical equipment are being investigated for unlawful billing practices, Medicare and Medicaid fraud and abuse, and other forms of healthcare fraud. DME fraud can be prosecuted under a number of different federal statutes depending upon the specific circumstances, all of which carry the potential for serious penalties.
If your healthcare practice or other DME provider is under investigation for alleged DME fraud, you need to act fast. The Law Offices of Art Kalantar is ready to help you defend against charges of fraud and abuse. We have an unparalleled understanding of healthcare laws and how they pertain to the healthcare industry. Through our years of healthcare law defense practice, we’ve developed tried and true strategies to undercut the prosecution’s case and protect healthcare industry businesses against the worst consequences of civil and criminal allegations.
What is DME Fraud?
Durable medical equipment fraud is a form of healthcare fraud, often involving fraud or abuse levied at Medicare or Medicaid (Medi-Cal). The typical DME fraud allegation involves the prescription and ordering of medically unnecessary DME. Healthcare providers allegedly prescribe medical tools such as back braces, shoulder braces, crutches, oxygen tanks, or other DME for patients who do not actually need the equipment, and then bill Medicare for the cost of the products.
DME fraud can be charged under a number of federal statutes. Depending upon the nature of the alleged scheme and the parties or victims involved, DME fraud may be charged under the health care fraud statute, the Anti-Kickback Statute, or the statutes prohibiting frauds and false claims perpetrated against the United States. Defendants investigated for DME fraud may also face charges of wire fraud, mail fraud, conspiracy, or aiding and abetting a federal crime, depending upon the specific conduct alleged.
Defending Against DME Fraud Allegations
To obtain a conviction under a fraud statute, prosecutors must generally show that the defendant “knowingly” and “willfully” engaged in fraudulent behavior. If the prescribing physicians and other parties were acting in good faith, even if they made mistakes, they cannot be convicted for defrauding Medicare, other insurers, or other agents of the United States. Actions that result from office or clerical errors, or that were based on a good faith but mistaken belief that a patient needed the DME cannot be the basis for fraud charges.
These are just a few of the possible defenses to DME fraud allegations. Talk to a seasoned healthcare fraud defense attorney at the Law Offices of Art Kalantar to discuss the allegations levied against you and how you can build the strongest defense in your case.
Protect Your Healthcare Practice Against DME Fraud Allegations in Los Angeles and Beyond
If your company provides durable medical equipment and you are under investigation or indictment for DME fraud, you need to act fast to protect your business, your finances, and your freedom. You can trust the Law Offices of Art Kalantar and our DME fraud defense lawyer for educated, comprehensive, and effective legal assistance and representation with your healthcare law matters in Los Angeles and throughout Southern California.
For help with DME fraud allegations and other healthcare regulatory compliance matters in Los Angeles and California statewide, call the Law Offices of Art Kalantar in Beverly Hills at 310-773-0001 for a free consultation.