Barry M. Wax, Attorney at Law, is a Miami-based healthcare fraud defense firm. We are dedicated to defending individuals and organizations facing Medicare Fraud, false claims, and kickback fraud cases in Florida and across the country. With extensive experience in criminal defense, we focus on representing clients in federal investigations and prosecutions related to healthcare fraud. These include Medicare Fraud, Conspiracy to Pay and Receive Kickbacks and Wire Fraud.
Our defense lawyers understand the complexities and nuances of healthcare fraud cases. These can involve allegations of false billing, kickbacks, and other fraudulent activities related to medical insurance claims. We also understand the severe penalties that can be imposed on individuals and organizations found guilty of healthcare fraud. These include fines, imprisonment, loss of professional licenses and damage to their reputation.
Healthcare fraud involves the intentional deception or misrepresentation of information related to the provision of healthcare services or products for financial gain. Healthcare fraud can occur at both the state and federal levels. It can involve a wide range of actors, including healthcare providers, telemarketing companies, patients, and insurance companies.
In Florida, healthcare fraud is generally defined as the fraudulent billing or receipt of payment for healthcare services or products that were not provided or were provided improperly; Medicaid fraud is also prosecuted at the state level. Examples of healthcare fraud in Florida may include:
At the federal level, healthcare fraud, and Medicare fraud, is prosecuted under a variety of laws. This includes the Anti-Kickback Statute (also known as the Stark Law). Healthcare fraud under federal law may involve activities such as:
Healthcare fraud is a serious offense that is addressed by a variety of federal laws, including:
These are just a few examples of the federal laws that healthcare fraud can be prosecuted under. The government takes healthcare fraud very seriously. Those found guilty can face significant fines and even imprisonment.
There are various types of federal healthcare fraud. Some of the most common types include:
These are just a few examples of the different types of federal healthcare fraud. Each case is unique and may involve multiple types of fraud. If you are facing charges related to healthcare fraud, it is important to seek the guidance of an experienced Miami healthcare fraud attorney.
Billing for services that were not provided is a form of healthcare fraud. It involves submitting claims for reimbursement to insurance companies or government healthcare programs for services that were not actually rendered to a patient. This type of fraud can occur in various settings, including hospitals, clinics, and doctor’s offices.
Billing for services that were not provided is prohibited by both state and federal laws, such as the False Claims Act. This imposes civil and criminal penalties for submitting false or fraudulent claims for payment to government healthcare programs such as Medicare and Medicaid. The Anti-Kickback Statute and the Stark Law prohibit the trading of valuable commodities for patient referrals. They also prohibit the purchase of items or services paid for by government healthcare programs.
The Stark Law, or the Physician Self-Referral Law, involves the referral of services that are paid for by Medicaid and Medicare. It prohibits medical providers from referring their patients to entities in which they have a financial interest. Violations of the Stark Law can occur in many forms, including:
Violations of the Stark Law can result in significant penalties, including fines, exclusion from government healthcare programs, and jail time. In addition, healthcare providers and individuals found guilty of Stark Law violations will be ordered by the court to pay back all the money they earned illegally.
Pharmaceutical fraud is a type of healthcare fraud. It refers to the illegal and deceptive practices of pharmaceutical companies, their executives, and other individuals involved in the manufacturing, distribution, and sale of prescription drugs. Pharmaceutical fraud can take many forms, including:
Pharmaceutical fraud can result in serious harm to patients. It also causes significant financial losses for government healthcare programs such as Medicare and Medicaid. In addition to civil and criminal penalties under the False Claims Act and other federal laws, pharmaceutical companies found guilty of fraud may also face damage to their reputation and decreased consumer trust.
Healthcare fraud is a serious crime that carries severe punishments, such as:
It is crucial to seek the advice of a skilled healthcare fraud defense lawyer if you are being accused of engaging in healthcare fraud. They can help you defend yourself and protect your rights.
A healthcare fraud defense attorney can assist you in many ways, including:
If you are facing charges related to healthcare fraud, it is important to seek the guidance of an experienced healthcare fraud defense attorney as soon as possible. An attorney can help protect your rights and defend you against these serious charges. They can potentially minimize the penalties you face and help you move on with your life.
You want an attorney who has successfully defended clients against healthcare fraud charges and has a history of achieving positive outcomes. Also, check online reviews and testimonials from past clients. This allows you to get an idea of the attorney’s reputation and how they have helped others in similar situations. Look for an attorney who is transparent about their fees and fits your budget.
Many healthcare fraud defense attorneys in Florida charge either a flat fee, an hourly rate or a combination of both. Fees are typically based upon the estimated time it will take to investigate the case, develop a defense and prepare for trial. Hourly fees can range from a few hundred dollars to several thousand dollars per hour. In addition to hourly rates, some attorneys may also charge a flat fee, which is a one-time fee for the entire case. Flat fees and hourly fees may also be agreed upon based upon an individual case. It is important to discuss fees and payment arrangements with potential healthcare fraud defense attorneys before hiring them.
Penalties for federal healthcare fraud can include fines and imprisonment. Offenders may also be excluded from federal healthcare programs such as Medicare and Medicaid. The amount of the fines and the length of the prison sentence can vary. For example, healthcare fraud is punishable by up to 10 years in prison, payment of kickbacks is up to 10 years and making false statements in connection with healthcare up to 5 years. These penalties will depend on the specific charges and circumstances of the case.
Under Florida state law, healthcare fraud can be charged as a third-degree felony. This is punishable by up to five years in prison and a fine of up to $5,000. If the value of the fraud is over $50,000, the offense can be charged as a first-degree felony. Offenders can face up to 30 years in prison and a fine of up to $10,000.
In Florida, the lowest level of a felony offense is a third-degree felony. These offenses are punishable by up to five years in prison and a fine of up to $5,000. Some examples of third-degree felony offenses in Florida include certain drug offenses, grand theft, burglary, and some types of fraud.
If you or your organization is facing an investigation or prosecution related to healthcare fraud in Florida, Barry M. Wax, Attorney at Law, is here to help. Our firm can provide you with the legal counsel and representation you need to defend your rights and interests. We can help you achieve the most beneficial outcome in your case. Contact the office of Barry M. Wax, Attorney at Law, today to schedule a consultation with our knowledgeable and experienced healthcare fraud lawyer.