Misrepresenting Services In the Healthcare Industry
The attorneys at our firm are extremely experienced in defending clients from allegations of healthcare fraud.
Our lawyers are your best defense against a government investigation. The attorneys at our firm are extremely experienced in defending clients from allegations of healthcare fraud.
Call 844-239-1234 for a
Free Confidential Case ReviewTypes of “Misrepresenting Services:”
Common types of “misrepresenting services” charges include:
- misrepresenting dates of service,
- misrepresenting locations,
- misrepresenting providers,
- claiming reimbursement from uncovered services,
- misrepresenting patient diagnosis, and
- misrepresenting procedures and treatments rendered.
Is “Misrepresenting Services” Considered Healthcare Fraud?
In order to be convicted of healthcare fraud, you must defraud a healthcare benefit program.
What is a “Healthcare Benefits Program?”
A healthcare benefit program is a private or public contract or plan, that impacts commerce, under which an individual receives a medical benefit.
This extends to both the person receiving and providing the service.
Individuals can commit healthcare fraud by receiving medical care without insurance or by financially benefiting in some way.
Example
An individual may try to obtain multiple prescriptions by visiting many different doctors, using another person’s insurance, or falsely adding a person to a policy.
Medical providers can also commit healthcare fraud by submitting charges for things that are unnecessary. Providers can commit fraud by billing for services not rendered, submitting multiple claims for the same service, and billing a procedure in steps.
As the healthcare industry continues to experience substantial growth and benefit programs get bigger, accusations of fraud are likely to happen more and more.
Healthcare Fraud Defined - 18 U.S.C. § 1347
Healthcare fraud is defined as the execution of a plan with the intent of defrauding benefit programs related to health services. Healthcare fraud also exists when an individual uses false pretenses to obtain money or property belonging to a benefits program.
In order to be convicted of healthcare fraud, you must:
- Knowingly and willfully executes a scheme;
- To defraud a healthcare benefit program; or
- Obtain through false pretenses, money or property belonging to a healthcare benefit plan
An individual convicted of violating 18 U.S.C. § 1347 shall be imprisoned for a period not to exceed ten years, fined, or both. Furthermore, if the violation results in death, the violator may face life in prison. With such serious consequences, it is crucial that you get an experienced healthcare fraud attorney as soon as possible.
Agencies Investigating Healthcare Fraud
A vast array of federal, local, and state agencies are in charge of investigating accusations of healthcare fraud. These agencies include:
- The Defense Criminal Investigative Service
- The Federal Bureau of Investigation
- The Department of Health and Human Services
- Office of Inspector General
- Medicaid Fraud Control Unit
- Internal Revenue Service
- U.S. Department of Labor
- Division of Pensions and Financial Transactions (State Attorney General’s Office)
- Medicaid Fraud Working Group
- Department of Social Services
- Department of Public Health
- Department of Consumer Protection
Call 844-239-1234 for a
Free Confidential Case ReviewIn many cases these agencies work together, leading to a substantial amount of resources being used to prosecute you. With so many differences experienced government officials working against you, don’t you need an experienced professional on your side?
How Do I Defend Myself Against An Accusation Of Healthcare Fraud?
The most likely defense against a charge of healthcare fraud is mistake. In order for a party to be guilty of healthcare fraud, there must be an intentional action to defraud. Without the intent to commit fraud an individual would not be convicted. There are also different standards around evidence depending on the jurisdiction you are in.
Healthcare Fraud Cases in the News
Garrett Okubo, the owner of a physical therapy office in Hawaii, submitted false claims to multiple healthcare providers. Okubo submitted claims implying he provided services, which were performed by unlicensed members of his staff. Some of these claims were even submitted during a time when Okubo was not in the country. Of the alleged $5.5 million in false claims, $3.7 million was actually paid.
After pleading guilty to 4 counts of healthcare fraud, Okubo faces up to 40 years in prison (10 years for each count), a fine of up to $1,000,000 ($250,000 for each count), and 3 years of supervised release.
To read the official Department of Justice press release please follow the link below:
https://www.justice.gov/usao-hi/pr/oahu-physical-therapist-pleads-guilty-health-care-fraud
Robert Madonna pleaded guilty to conspiracy to commit healthcare fraud through a false company. Madonna formed a company with the purpose of marketing prescription-compounded medications.
These medications are not FDA-approved but are allowed when a physician determines an FDA-approved medication is not appropriate. These medications are extremely expensive and rarely medically necessary.
Madonna and his co-conspirators would find public employees, covered by state medical insurance, and offer them large sums of money in exchange for obtaining prescription compounded medications without obtaining an examination to determine their medical necessity.
The public employees would obtain these medications from the fake company created by Madonna. The State of New Jersey paid more than $2 million in false claims.
Conditions of his plea agreement include Madonna forfeiting all criminal proceeds in addition to paying restitution in excess of $2 million. Furthermore, Madonna faces up to 10 years in prison and up to a $250,000 fine.
To read the official Department of Justice press release, please follow the link below:
Maurice Sharpe pleaded guilty to one count of healthcare fraud involving psychotherapy services. Sharpe and two associates formed a social services agency, through which they submitted claims for services, which were either not performed at all or were performed by unlicensed professionals.
The proceeds were split between the members of the LLC and Anne Silver, a licensed clinical social worker.
Sharpe faces up to 10 years in prison. Silver and Lafayette (the other member of the LLC) have already pleaded guilty.
To read the official Department of Justice press release, please follow the link below:
https://www.justice.gov/usao-ct/pr/waterbury-man-pleads-guilty-health-care-fraud-charge
Antoine Skaff pleaded guilty to defrauding Medicare of over $700,000 through his dentistry practice. Over a period of more than five years, Skaff maintained a scheme by which he upcoded, double billed, and charged for services never performed. Skaff billed each tooth extraction as an impacted tooth extraction.
Furthermore, Skaff received double payments for single tooth extractions.
As a condition of his plea deal, Skaff will pay $738,067 in restitution. Skaff also faces a maximum of 10 years in prison.
To read the official Department of Justice press release, please follow the link below:
https://www.justice.gov/usao-sdwv/pr/charleston-dentist-pleads-guilty-health-care-fraud
Letecia Hill used a scheme to commit healthcare fraud involving devices related to hearing loss. Hill, the owner of a company that provided hearing-related services to nursing home residents, pleaded guilty to one count of healthcare fraud.
Company employees would see an unmanageable amount of patients, allotting an inadequate time to examine each patient. Company employees would place orders for every patient available, even when unnecessary or when the patient was unable to respond. Medicare fraudulently reimbursed Hill’s company to the tune of $5.1 million.
Hill faces up to 5 years in prison and a $250,000 fine. Hill also faces the possibility of being ordered to pay restitution.
To read the official Department of Justice press release, please follow the link below:
https://www.justice.gov/usao-ndtx/pr/garland-woman-admits-role-health-care-fraud-conspiracy
Healthcare Fraud Is A Serious Charge And Requires Serious Defense
Our attorneys have been successfully representing parties accused of healthcare fraud for many years. Communicating with the various federal, state, and local officials can be a frightening and confusing process. Proceeding through the investigation process without legal representation can expose you to huge liability.
If you have been accused of committing healthcare fraud, please contact one of our skilled and experienced lawyers today.