New York Penal Law 177.15: Health care fraud in the third degree

New York Penal Law 177.15: Health care fraud in the third degree

Health care fraud is considered as a white collar fraud that has the inclusion of submitting false medical claims that will land you in the reception of payment from a health insurance company or a health care plan. This type of crime is charged to a doctor, a chiropractor, a dentist, or a pharmacist for submitting false claims to an insurance company for products, services, or medication that was never administered to the patient. Health care fraud has five offenses concerning this crime. They include the health care fraud in the first, fourth, second, fifth, and third degree. According to the New York penal code, the crime you will face depends on the amount of money you receive from the medical or insurance firm.

Under the New York Penal Code 177:15, you are likely to commit a third-degree health care fraud if you submit false information to the insurance firm intentionally. For this reason, you will receive this amount as entitled to the false claims. For you to be charged with the third-degree health care fraud, you must have received an amount between $10,000 and $50,000. This money must not exceed the one stated above.

Example
Andrew is a prominent pharmacist in the city. It was rumored to the police that he sold prescribed drugs to people who were not entitled to receive that medication. For this reason, an investigation was launched by the police. The undercover police officers, on three different occasions, went to his pharmacy and asked to purchase Valium, Ritalin, codeine without any prescriptions. For this reason, he transacted with them. Based on this action, the police issued a search warrant on his pharmacy. According to the stated investigations, Andrew dispensed drugs using false drug prescriptions. This was an illegal act according to the law. He was charged with a third-degree health care fraud because he had received more than $45,000 in payments from the fraudulent missions in a single health plan.

Related offenses
1. First degree health care charge: New York State Code 177.25
2. Second degree health care charge: New York State Code 177.20
3. Fourth degree health care charge: New York State Code 177.10
4. Fifth degree health care charge: New York State Code 177.05

Defenses
For you to face conviction in the third-degree health care fraud, the prosecutor must provide evidence that you received fraudulent claims and payments from a health plan that totaled between $10,000 and $50,000. You could not be convicted of that crime if you never received the money from the insurance firm even if they were not legitimate.

Moreover, you cannot also be convicted of the third-degree health care charge if you submitted the fraudulent claims unknowingly. For instance, there will be no fraud if the mistake made in calculation resulted in a computer error.

Sentence
Third-degree health care charge is a class D felony. You might face a seven-year prison term if you are convicted of this offense. You can also face a five-year probation term in jail. You would pay a fine if you received that money from the health care plan.

The NYC Criminal Attorneys Law Firm
If you are facing investigation for the third-degree health care fraud, it is always important that you seek advice from an experienced legal practitioner. If you are convicted of the third-degree health care plan, your career will be in jeopardy. Moreover, you will spend quality time in prison away from friends and family. The staff at NYC Criminal Attorneys Law Firm has numerous years of legal experience in representing their clients in the New York Criminal Courts. For a free representation session, please contact us to talk to an experienced legal representative.

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