Medical advances allow many to find answers for diseases and conditions that were once a mystery. One area of medicine that has seen great improvement is that of genetic testing. Unfortunately, there are those who are accused of using this technology to prey upon the vulnerability of others. If you are accused of committing fraud in a genetic test, a federal genetic lab testing fraud defense attorney can defend you.
At Barry M. Wax, Attorney at Law, we work hard to defend our clients from such damaging accusations. With our help, we can ensure that you are able to continue helping your clients find the answers they need to difficult health questions. Our firm can protect you from unnecessary prosecution by the federal government. With almost 40 years of experience, our team possesses the knowledge and skills to help you fight against fraud allegations.
Genetic testing has become a common practice for many medical professionals as another tool to help in diagnosing illnesses and diseases. By analyzing DNA, medical professionals can gain insight into the anomalies that may exist in a person’s genome, which could include a greater risk for some illnesses and diseases. Some of the ways in which genetic testing is used include:
As these tests became more commonplace and used in a more direct-to-consumer way, regulatory laws have expanded to keep those who conduct them accountable.
Many fraudulent claims regarding genetic testing come from those who allege that insurance companies do not cover the testing or are using the results as a way to deny coverage. However, genetic testing laboratories have become targets of federal prosecutors. Some of these fraudulent claims include:
While these do not represent all the types of genetic laboratory fraud that could occur, they do represent some of the more common.
Penalties for fraudulent genetic lab testing claims could result in any of the following penalties, depending on the act of fraud and the severity of the circumstances:
These penalties and more can have a detrimental impact on the future of your medical profession. It can also negatively affect the future of your lab and its ability to provide potentially lifesaving services.
A: Genetic testing fraud occurs when an entity offers free genetic testing services without your physician’s referral and subsequently bills Medicare or Medicaid. It can also occur when genetic testing services are offered as part of an incentive, such as receiving a gift card. Furthermore, this fraud happens when genetic testing is recommended with the intent of receiving a kickback for offering such services.
A: One of the main controversies with genetic testing revolves around the ethics of confidentiality. Genetic testing allows a person to understand the medical history of their family, but that same medical history is protected by the confidentiality that governs the medical profession. By using test results to reveal this information, it can be argued that it is a violation of the confidentiality that doctors are sworn to keep.
A: Genetic testing is regulated by the Food and Drug Administration. However, other federal agencies also help ensure the safety of these tests. Other agencies involved in regulating genetic testing include the Federal Trade Commission, which oversees the marketing of genetic services and testing, and the Government Accountability Office, which investigates online entities.
A: Research has indicated that entities whose tests were done in an inpatient setting and recommended by a genetics provider had an error rate of 8%. For nongeneticist entities, the error rate for both inpatient and outpatient testing rests around 5% combined. For genetic testing that is completed by geneticists, the error rates significantly drop.
Providing medical information based on genetics can be a lifesaving opportunity for those in the medical field. The labs that run these tests work hard to ensure that the tests are done fairly, accurately, and with the patient in mind. However, some practices are improperly perceived and give the impression that fraud is occurring. If you are accused of federal genetic lab testing fraud, contact Barry M. Wax, Attorney at Law, and get the defense you deserve.