Tampa Bay Medicare Fraud Defense Attorney

Getting accused of Medicare fraud can be an incredibly stressful and frightening experience. As a medical professional, your career and reputation are on the line. As a Medicare beneficiary, you could lose access to healthcare coverage. The stakes are undeniably high.

That’s why it’s absolutely vital to secure knowledgeable legal representation from an experienced Tampa Bay Medicare fraud defense attorney as soon as possible after learning about an investigation or charges. Don’t go it alone against complex allegations from Medicare auditors and criminal prosecutors. An attorney intimately familiar with the intricate regulations and typical fraud schemes can analyze the case, identify defenses, and fight to protect your future.

Understanding Medicare Fraud Allegations

Medicare fraud encompasses a wide variety of potential violations of the highly complex regulations governing federal health insurance programs. Some of the most common fraudulent activities alleged against healthcare providers and executives include:

• Billing for services never performed
• Billing for unnecessary services
• Misrepresenting services to obtain higher reimbursement rates
• Violating Anti-Kickback Statute through improper referrals
• Violating physician self-referral (Stark Law) prohibitions
• Hiding overpayments
• Falsifying diagnoses to justify tests, etc.

For Medicare beneficiaries, fraud allegations often involve:

• Concealing disqualifying information on applications
• Allowing someone else to use your Medicare card
• Selling prescription drugs obtained through coverage

Clearly, the web of rules and regulations is vast. Even inadvertent mistakes can sometimes lead auditors and investigators to assume fraudulent intent.

An experienced Tampa Bay Medicare fraud defense attorney from Oberheiden P.C. or Law Office of Stephen L. Richards can help accused individuals and entities in Florida understand the charges against them and build a defense to avoid penalties or criminal prosecution.

Potential Penalties for Medicare Fraud

The consequences for proven or admitted healthcare fraud can completely destroy careers and livelihoods.

On the civil side, violators may face:

• Treble (triple) damages repayment obligations
• Pre-payment reviews hampering cash flow
• Exclusion from Medicare participation
• Legal fees

Meanwhile, criminal prosecutions can lead to:

• Massive fines
• Federal imprisonment
• Mandatory restitution payments
• Permanent exclusion

With so much at stake, mounting a vigorous defense with an experienced Tampa Bay Medicare fraud defense attorney is imperative. The lawyer you choose needs substantial expertise in this highly-specialized field to analyze the auditors’ or prosecutors’ methodology, identify technical errors, raise reasonable doubt regarding intent, and invoke statutory exceptions and safe harbors when applicable.

Key Defenses Against Allegations

While each Medicare fraud case has unique circumstances, an attorney may be able to employ defenses across three broad categories:

Evidentiary Defenses

• Challenge auditing and statistical analysis methodology
• Raise reasonable doubt regarding intent
• Highlight good faith efforts to comply with regulations
• Point to honest mistakes rather than purposeful violations

Affirmative Defenses

• Invoke Anti-Kickback and Stark Law safe harbors
• Cite medical necessity for tests or services
• Explain clerical or administrative errors

Constitutional Defenses

• Suppress evidence obtained improperly
• Object to constructive amendment of indictment
• Allege due process violations based on vagueness of regulations

An experienced Tampa Bay Medicare fraud defense lawyer like Darryl A. Goldberg will be able to assess the relative strength of potential defenses in your specific circumstances.

Preserving Your Reputation and Career

For physicians, healthcare executives, and other professionals, the damage to reputations and careers can be equally as devastating as financial and legal penalties. Patients may question your integrity, colleagues may distance themselves, and hospitals and health systems could terminate longstanding contracts.

Fortunately, an accomplished Tampa Bay Medicare fraud defense attorney will fight not only to defeat the allegations in court, but also implement a broader public relations strategy focused on preserving your reputation to the fullest extent possible. Efforts may include:

• Challenging any immediate suspension of practice privileges
• Drafting explanatory press releases and website content
• Seeking retractions of defamatory statements
• Filing defamation lawsuits in certain situations

Although you likely feel overwhelmed and perhaps even helpless at the moment, an experienced Medicare fraud defense lawyer can take control of the situation on your behalf. Let them handle the government lawyers and investigators while you focus on serving your patients or running your business.

Why Oberheiden P.C. and Law Office of Stephen L. Richards?

Facing civil or criminal Medicare fraud allegations isn’t like fighting other white collar charges. The intricate web of statutes and regulations at issue is difficult for even seasoned attorneys to fully unravel. You need specialized legal counsel from lawyers intimately familiar with the healthcare regulatory environment.

Both Oberheiden P.C. and the Law Office of Stephen L. Richards offer in-depth Medicare fraud defense experience and expertise. With Oberheiden P.C., you’ll have a former Medicare prosecutor and strike force attorney fighting on your behalf. Meanwhile, Stephen L. Richards is a former public defender turned white collar and Medicare fraud defense lawyer.

These teams have successfully defended countless medical professionals, healthcare executives, practice owners, clinics and hospitals, pharmacies, and Medicare beneficiaries. They’ve resolved audits, civil false claims act violations, Anti-Kickback charges, obstruction allegations, conspiracy accusations, and complex criminal prosecutions.

Don’t leave your career, business, finances, freedom, and reputation in the hands of an attorney unfamiliar with the intricacies of Medicare regulations and fraud schemes. Contact Oberheiden P.C., the Law Office of Stephen L. Richards, or another qualified Tampa Bay Medicare fraud defense lawyer immediately so they can start building your customized defense strategy.