Consequences of a Healthcare Fraud Conviction
You May Face Federal & State Penalties
Healthcare fraud is an offense that incurs harsh recriminations from the legal system. The penalties enforced due to a conviction in this field are both far-reaching and formidable. Under state and federal law, healthcare fraud is punishable by prison time and fines.
Depending on the extent of the fraud, sentences can be substantial. For example, under the False Claims Act, those convicted could face up to five years per offense. Meanwhile, monetary penalties are often staggering, with figures reaching into the hundreds of thousands or millions.
Some of the long-term consequences of a healthcare fraud conviction may include:
- Loss of Professional Licenses: Conviction can result in the permanent revocation of medical licenses, barring individuals from practicing their profession.
- Loss of Employment Opportunities: A fraud conviction severely limits future employment prospects, especially within the healthcare and public service sectors.
- Reputational Damage: The stigma attached to a fraud conviction can have lasting personal and professional repercussions, significantly affecting one's standing in the community and industry.
- Financial Instability: Aside from the immediate monetary penalties, individuals may face long-term financial instability due to legal costs, inability to find gainful employment, and potential civil lawsuits.
- Exclusion from Federal Health Programs: Convicted individuals can be excluded from participating in Medicare, Medicaid, and other federal health programs, essentially cutting off a significant portion of potential professional practice and income.
- Personal and Family Impacts: The stress and shame associated with a conviction can strain personal relationships, impacting family stability and support systems.
With such harsh penalties, a healthcare fraud conviction can be financially, professionally, and personally ruinous.
What Constitutes Healthcare Fraud?
Healthcare fraud can involve a variety of actions aimed at illicit gain from health insurance systems. Healthcare fraud accusations can target a range of individuals and entities, including providers, billing specialists, and even patients, each potentially exploiting the system for financial gain.
Examples of healthcare fraud include, but are not limited to:
- Billing for medical services never rendered
- Upcoding services (billing for more expensive treatments than those actually provided)
- Performing unnecessary services for the purpose of generating insurance payments
- Misrepresenting non-covered treatments as medically necessary covered treatments for purposes of obtaining insurance payments
- Falsifying a patient's diagnosis to justify tests, surgeries, or other procedures that aren’t medically necessary
- Unbundling (billing each step of a procedure as if it were a separate procedure)
- Accepting kickbacks for patient referrals
- Billing each stage of a procedure as if it were a separate procedure
- Overutilizing services
- Corruption of the prescription medication process
What to Do If Charged or Under Investigation
If you are arrested on healthcare fraud charges, the most crucial step is to exercise your right to remain silent and avoid any further communication until you hire an attorney. Anything you say can be used against you in court. In addition to not speaking with law enforcement or prosecutors without your attorney present, we strongly encourage you to avoid discussing your case with anyone, including family and friends.
Similarly, if you suspect you are under investigation, it is imperative to seek legal counsel immediately. An experienced attorney can begin formulating a defensive strategy that takes into account the specific characteristics of the healthcare system and associated regulatory laws.
Why Choose Brad Bailey Law
It is essential to align with attorneys who understand the complexities of healthcare law and can adeptly maneuver through federal and state legal systems. Brad Bailey Law boasts a deep understanding of healthcare fraud defense, and our team is committed to diligently defending our clients in these high-stakes situations.
At Brad Bailey Law, we empathize with those who have found themselves at the epicenter of a healthcare fraud investigation. Our firm stands ready to assert your rights and work towards the most favorable outcome possible. If you are accused of healthcare fraud, don't delay.
Contact us online to schedule a consultation today.