Fort Lauderdale Medicare Fraud Lawyers: Your Best Defense Against Fraud Allegations

Fort Lauderdale, Florida has become a hotbed for Medicare fraud allegations in recent years. With South Florida’s large population of retirees relying on Medicare coverage, federal prosecutors have cracked down hard on any provider suspected of defrauding the system. But not every allegation holds water. If you’ve been accused of Medicare fraud, working with an experienced Fort Lauderdale Medicare fraud lawyer can mean the difference between a fair resolution or severe penalties.

Why Fort Lauderdale Sees So Many Medicare Fraud Cases

Fort Lauderdale is located in Broward County, which has one of the highest concentrations of Medicare recipients in the entire country. Nearly a quarter of the population relies on Medicare, compared to about 15% nationwide. This makes the area ripe for Medicare fraud, whether perpetrated intentionally or not. Common allegations involve:

• Billing for services never performed
• Billing for unnecessary services
• Billing for a higher level of services than provided
• Accepting kickbacks for patient referrals
• Misrepresenting diagnoses to justify services

With Medicare paying out over $650 billion annually, even a small percentage of fraud adds up to big money. The Medicare Fraud Strike Force aggressively prosecutes any provider suspected of false claims. But government audits and investigations often uncover innocent mistakes, not willful fraud. This is where an experienced Medicare fraud defense lawyer can help.

Understanding the Consequences of a Conviction

Medicare fraud carries potentially severe civil and criminal penalties. On the civil side, the government can recoup up to triple the amount of any fraudulent claims. Criminal convictions can result in:

• Fines up to $250,000 per fraudulent claim
• 5-10 years in federal prison
• Permanent exclusion from Medicare/Medicaid

Just being accused can destroy a medical practice. Your reputation takes a hit, even if charges are never filed. Patients may leave and referrals dry up. With so much at stake, putting up a vigorous defense is critical.

How an Attorney Can Defend Against Allegations

When facing Medicare fraud allegations, your best asset is an experienced federal defense lawyer. Your attorney’s in-depth knowledge of Medicare billing regulations and investigative procedures can reveal weaknesses in the government’s case. Smart lawyers also know how to negotiate with prosecutors to seek a fair outcome.

A skilled lawyer’s Medicare fraud defense strategies may include:

• Pinpointing flaws in the auditing or investigative process – Were proper protocols followed? Were conclusions supported by evidence? Even minor errors can undermine the prosecution’s arguments.
• Identifying mitigating factors – If fraud did occur, were there extenuating circumstances? Was it an employee acting alone? Did you try to pay back overpayments? This can influence sentencing recommendations.
• Presenting compliance efforts – Demonstrating you had policies in place to prevent fraud can help show you acted responsibly.
• Leveraging past record of service – If you’ve had an unblemished history of caring for patients, this can impact negotiations with prosecutors.
• Seeking statute of limitations protection – There are limits on how long after an alleged incident charges can be filed. An attorney knows how to argue the statute of limitations has expired.
• Cooperating fully – Admitting errors quickly and providing requested records shows good faith.

Choosing the Right Lawyer for Your Case

Don’t leave your defense in the hands of just any lawyer. Medicare fraud investigations require an attorney with specific experience in federal healthcare law. Look for these key qualifications:

• Extensive knowledge of Medicare billing rules – They should be up to date on CMS guidelines and advisories. Familiarity with auditing protocols is also key.
• Experience representing healthcare providers – Ask about their track record with Medicare fraud cases like yours. Have they taken cases to trial? Do they have experience negotiating settlements?
• Resources to take on the federal government – The prosecution has practically unlimited resources. Your lawyer should have the staff, expertise, and determination to mount an aggressive defense.
• Good relationships with prosecutors – This can help in negotiating a favorable resolution. Ask if they have worked with the US Attorney’s Office or agents previously.
• Commitment to personalized attention – You need an attorney who will take the time to understand the details of your case and provide responsive, individualized counsel.

What to Do If You’re Approached By Investigators

If federal agents arrive at your office with a subpoena or warrant, don’t panic. But don’t submit to informal questioning either. Politely state you need to consult with counsel, then:

• Contact a defense lawyer immediately – Don’t provide any records or make statements without legal representation.
• Follow legal advice – If your lawyer isn’t available, ask for more time before responding.
• Don’t obstruct – Be cooperative with any lawful requests. Just don’t volunteer information.
• Gather records – Work with counsel to collect billing records, patient files and other relevant documents.
• Conduct internal investigation – Review records with counsel to determine any potential problem areas.

Take a Proactive Stance Against Allegations

The best defense is a good offense. Don’t sit back and wait for auditors or whistleblowers to come knocking. Be proactive in monitoring for any warning signs like:

• Spikes in denied claims
• Patients complaining about receiving bills for services they don’t recall
• Disgruntled employees who may report perceived fraud

Implement a compliance program to self-audit billing and reinforce policies. Your medical license and practice are on the line. Protect them by engaging an experienced Medicare fraud defense attorney at the first hint of allegations. In Fort Lauderdale, finding the right lawyer for the job can stop a Medicare fraud investigation in its tracks.