Providing Unnecessary Procedures
Health care fraud is an area of law that is heavily regulated. There are many different statutes that apply that could cause you to be accused of health care fraud as a health care provider. One of the biggest accusations of health care fraud is billing for and providing unnecessary procedures.
Being Accused of Health Care Fraud
Accusations for health care fraud as a result of providing unnecessary procedures can stem from various reasons including mistakes in billing, diagnostics, and even incorrect procedures. Regardless of how you conduct your practice, the federal government has many different methods of detecting health care fraud, and your mistakes can result in these allegations.
The United States government began taking a hard stance against health care fraud around Since 2007 the United States government has focused on health care fraud in order to ensure that patients receive the care proper care they deserve and to avoid unnecessary bills.
Law Enforcement Has Combined Forces
Accusations for health care fraud as a result of providing unnecessary procedures can stem from various reasons including mistakes in billing, diagnostics, and even incorrect procedures. Regardless of how you conduct your practice, the federal government has many different methods of detecting health care fraud, and your mistakes can result in these allegations.
The United States government began taking a hard stance against health care fraud around Since 2007 the United States government has focused on health care fraud in order to ensure that patients receive the care proper care they deserve and to avoid unnecessary bills.
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Free Confidential Case ReviewStatues and Penalties That Apply To Health Care Fraud For Unnecessary Procedures
Criminal Statutes
Health Care Fraud 18 U.S.C. Section 1347
As a health care provider, if you perform certain procedures and they are found to be unnecessary, you might be accused of health care fraud, if it is alleged that you provided this unnecessary services in order to defraud a health care benefit program for the purposes of receiving a health care benefit or good.
In order to prove that you have committed health care fraud for unnecessary procedures, it must be proven that you purposefully defrauded a health care benefit program. And that you did so in order to obtain payment, good, or benefit in return.
Penalties For Health Care Fraud
As a health care provider, if you are found guilty for violating the basic health care fraud statute because you provided unnecessary procedures, there is a possibility that you will be sent to prison for up to ten years. Additionally, you can face a fine.
Even though the term of prison is likely seen as minimal up front, if you are determined to cause serious bodily injury or death to the person you are providing care, your prison term will change, and you could face up to 20 years.
Civil Statutes
False Claims Act – 31 U.S.C 3729-3733
The false claims act is similar to the health care fraud statute above. As a health care provider who has been accused of providing unnecessary procedures, you can also be civilly sued for these unnecessary procedures.
Penalties For Violating The False Claims Act
If the outcome of a false claims act results in a finding that you did violate the false claims act you will face a fine that generally will range from $5,000 to $10,000. However, every case is different, which means that your fine will vary depending on the facts of your case. Also, this $5,000 to $10,000 is not the only monetary punishment that you will see.
You could also be ordered to pay damages sustained by the government and any of your patients due to your actions. Restitution amounts are usually very high and are almost always guaranteed with all settlements.
Defenses to Allegations of Health Care Fraud for Unnecessary Procedures
Because you will likely be charged under the federal statutes, the penalties that you are facing are going to be severe. Any damages or restitution that could be calculated will stem from the damages that patients, federal, and the local government suffered. As such, it will be important to fight the case against you and to have a defense for why you performed these procedures.
Coming up with a defense for your case will be the result of working with an experienced defense attorney. This is because an experienced defense attorney will thoroughly research your case and be in constant contact with you. A clear understanding of all the facts related to your case is necessary.
“Good Faith Defense” – Your State of Mind
If you are alleged to have committed health care fraud for providing unnecessary procedures, one of the greatest defenses available to you is going to be your state of mind.
As mentioned above, it must be proven that you purposely provided the unnecessary procedure in order to defraud. Regardless, of the accusations, you are the health care provider, and you are making the health care decisions. It could be that you made an assessment and a scientific decision that the procedure was necessary.
Your state of mind is only one of the many defenses that you may have in your case. In order to find a defense that can actually minimize your penalties or get your case dismissed, you will need to work with an experienced defense attorney.
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Free Confidential ConsultationHealth Care Fraud For Providing Unnecessary Procedures in the News
Children’s Dental Company Sued For Health Care Fraud and Resolves Lawsuit for $24 Million[1] One of the nations larger dental management companies, one the focuses on dental services for children was sued in 2010 for allegations of committing health care fraud. These allegations stemmed from types of reimbursement claims that the company was submitting to the Medicaid program. The services were provided to children of low-income backgrounds. The audits and investigations by the United States government found that the company was conducting for unnecessary procedures. These procedures included:- Baby tooth root canals
- Crowns
- The use of anesthesia
- Tooth extractions
- Filings
- sealants
- Maryland
- Virginia
- South Carolina
- Colorado
Article 2: Unnecessary Heart Procedures Result In Health Care Fraud Allegations and Lawsuit[2]
After being sued by the United States government, a Tennessee cardiologist agreed to pay $1.15 million in fines and damages in order to resolve allegations of violations to the False Claims Act for making claims of reimbursement to Medicaid and Medicare for services that were medically unnecessary.
During the investigation by both state and federal governments, which included the Tennessee Bureau of Investigation, found that when this cardiologist was treating patients for heart-related health care, he was including services that were not necessary and inappropriate for the treatment needed.
This cardiologist was alleged to have installed cardiac stents in coronary arteries in order to keep patients arteries open during the time that they were receiving treatment for coronary heart disease. The United States government found it unnecessary for this cardiologist to place these mesh tubes into his patients’ arteries because the arteries did not need help keeping open.
In addition to the installation of the cardiac stents, the cardiologist was also alleged to have made reimbursement claims to the Medicaid program for work performed by doctors who stood in his place for these procedures, even during times when he was able to perform the work himself.
Along with the fine of $1.15 million, this cardiologist has agreed to enter into an Integrity Agreement with the Department of Health. This ensures that the cardiologist receives enhanced monitoring and reviews, to guarantee accountability.
Article 3: Neurosurgeon Who Was Charged WIth Health Care Fraud Also Admits to Causing Serious Bodily Injury[3]
In 2014 a neurosurgeon along with various companies and their owners were charged with health care fraud.
The allegations related to this health care fraud scheme included that these companies were paying physicians to use a specific type of spinal implant in the spinal surgeries that the physicians performed. In this case, the neurosurgeon was alleged to have agreed with these companies to use their specific implants for his surgeries in return for a special payment.
It is further alleged that the neurosurgeon only started using a specific type of spinal implant on his patients after he had some ownership and interest in it. This is because the neurosurgeon began receiving payments for their use. The United States government alleged that this interest caused him to perform excessive, unnecessary surgeries on many patients.
In addition to this civil suit, the neurosurgeon was also criminally charged. Under the criminal charge, the neurosurgeon pleaded guilty and admitted to making significant profits from performing these unnecessary spinal infusions. Further, he admitted that the spinal infusions on these patients amounted to serious bodily injury because of their invasiveness.
As a result of his acts, the United States government wanted to make an example out of him, in which it was argued that he serve federal prison and receive a large fine. In the end, the court ordered 235 months in prison and $2.3 million in restitution.
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Free Confidential Case ReviewWhat To Do If You Are Accused Of Health Care Fraud For Providing Unnecessary Procedures
If you are accused of health care fraud for providing unnecessary procedures, it is important you act fast. You will need to find legal representation from a health care defense attorney.
When you are accused of health care fraud, many unforeseen things can happen at the outset, and can include:
- Jobs loss
- Certification loss
- Licensure loss
A quick reaction and defense can help to limit or eliminate these results. Additionally, you will need to review your practice and compare it to the allegations against you. Taking a proactive stance will help to avoid future allegations and to pinpoint the case against you.
Contact our law firm to speak with one of our health care fraud attorneys. We have a team that focuses on health care and allegations of health care fraud. Our team has the experience necessary to defend your case.