FEDERAL ATTORNEYS WHO ARE WELL VERSED IN BUFFALO FALSE BILLINGS DEFENSE
Our attorneys understand all too well that healthcare providers are being targeted in a highly charged campaign. Even the government is attacking them – and the institutions that employ them – for so-called healthcare fraud. This accusation can have a hugely negative impact on a person’s career, their practice, and their lives. It has the potential to destroy everything. If you have reason to believe that you are one of the healthcare professionals being targeted in this manner, contact our Buffalo offices immediately; our team of professionals, which includes former judges and former state and federal prosecutors, is on your side and ready to do battle for you.
Healthcare professionals in the Buffalo area can find themselves at the center of messy investigations that can destroy careers and ruin lives. For example, Buffalo has a dedicated federal healthcare fraud task force. In other words, there is a group of investigators whose sole job it is to search out healthcare professionals who have violated federal statutes. This alone is evidence of just how far-reaching this industry now is, and why you need experienced healthcare fraud and false billings lawyers on your side if you get caught up in it.
What your Buffalo False Billings Lawyers Will Do For You
We will work with the aggressive prosecutors and the Department of Justice. We will protect you wherever necessary from the likes of the FBI, the Human Services Office of Inspector General, the Health Care Fraud Unit, Medicare Fraud Strike Force, and numerous other organizations who would be all too happy to take you for all you have. You won’t have to concern yourself with any of these agents and organizations. You can leave it all to us and our professional, highly skilled attorneys. Our team work tirelessly on your behalf.
What Exactly is Healthcare Fraud?
Healthcare fraud, often otherwise referred to as False Billing, occurs when someone – a patient – submits false information with regards to their treatment from either a healthcare professional individually or an entire hospital or clinic. The motivation for them doing this is to get a larger payout or other benefits. It’s totally wrong and it is, indeed, against the law. Nonetheless, it is becoming an increasingly widespread problem.
It has become such a large issue that task forces are put in place to deal with it. Long, complex investigations – many taking months, or even years – are carried out by law enforcement. In the meantime, the dedicated healthcare professionals (like you) who are being investigated are having their lives turned upside down, in many cases for no reason at all.
You don’t need that drama in your life. You’re too busy working to preserve human lives and helping the sick.. That’s why we’re there to assist you. We appreciate what you do everyday, and we know that in many cases these investigations aren’t necessary. Yet, despite this, they continue, and they leave pain and chaos in their wake. If we can put a stop to that for you, we will. Our attorneys are aggressively proactive, and we will stand up to the government on your behalf.
What Law Governs False Billings in Buffalo
One specific statute the federal prosecutors in healthcare fraud cases look to is 18 U.S.C § 1347. Within this single piece of legislation, the law defines healthcare fraud. Therefore, what is defined therein is extremely useful to both sides of the argument. The law states that healthcare fraud is the knowing attempt or willful execution of a scheme that defrauds any healthcare benefit program in order to obtain the benefits of that program.
For the federal prosecutor to successfully secure a conviction under statute 18 U.S.C § 1347, they are required to prove a number of elements, and they need to demonstrate them beyond any reasonable doubt.
The federal prosecutor is obligated to:
- Demonstrate that the defendant attempted or executed a defrauding scheme knowingly.
- Demonstrate that the defendant made false statements in order to obtain healthcare benefits.
- Demonstrate that the defendant intended to defraud.
- Demonstrate that the defendant’s actions related to the delivery of healthcare (whether that was services, items, or benefits) and any payment relating to them.
As long as those charges are proven, the convicted healthcare professional could face up to 10 years behind bars and have to pay some steep fines on top of incarceration.
Other Statutes Covering Healthcare Fraud and False Billings in Buffalo
While statute 18 U.S.C § 1347 is the one that is called upon most often in healthcare fraud matters, there are other statutes on the books that federal prosecutors can use to charge healthcare professionals and institutions in Buffalo with crimes.
The False Claims Act
Put in place to keep the federal government safe from suppliers overcharging for goods and services, this act extends to reimbursements from Medicare. This law permits the federal authorities to charge for each individual false claim, increasing your potential penalties significantly. Additionally, it rewards whistleblowers. Anonymous sources can make claims that a healthcare professional is committing fraud and be compensated for that.
The Anti-Kickback Statute
This law ensures that no one can receive (or pay for) anything for any referral to Medicare (or other healthcare programs).
The Stark Law
Stark law stops doctors from referring Medicare patients to any practice or entity in which that doctor has any kind of interest, either by ownership or investment.
Our experienced healthcare defense attorneys resolve these issues quickly and efficiently for you.