Miramar Health Care Fraud Lawyers: An Informational Guide
What is Health Care Fraud?
Health care fraud refers to intentionally deceiving or misrepresenting information to obtain money or benefits from a health care program like Medicare or Medicaid. There are many types of actions that qualify as health care fraud, including:
- Billing for services that were never performed
- Billing for unnecessary tests or procedures
- Misrepresenting diagnoses to justify tests or procedures
- Accepting kickbacks for patient referrals
- Prescribing medications for reasons other than medical need
- Misusing codes on claim forms to get higher reimbursements
- Falsifying patient records or charts
- Identity theft using patient information
- Money laundering of funds obtained illegally from health care programs
Health care fraud can be committed by doctors, nurses, pharmacists, medical equipment suppliers, health insurers, and even patients. With billions paid out each year by government programs, it’s become a prime target for scammers.
Why Hire a Lawyer for Health Care Fraud Charges?
Facing criminal charges for health care fraud can be an overwhelming experience. The laws surrounding these cases are complex, and the penalties are severe. Having an experienced health care fraud lawyer on your side can help in the following ways:
- Navigating complex laws – Health care fraud laws involve both federal and Florida-specific statutes. An attorney well-versed in these laws can identify the relevant charges and defenses.
- Coordinating expert witnesses – Medical and financial experts are often needed to review records and provide opinions. A lawyer can retain qualified experts.
- Negotiating with prosecutors – An attorney can negotiate with prosecutors for reduced charges or alternate resolutions. This can help avoid harsh mandatory minimum sentences.
- Presenting defenses – There are viable defenses to health care fraud charges a lawyer can pursue, such as lack of intent or being a minor player.
- Avoiding program exclusion – Exclusion from federal health care programs is a possibility, but a lawyer may help avoid permanent exclusion.
- Managing media attention – These cases often get media coverage, which a lawyer can help manage to avoid harm to reputation.
Having an advocate with health care fraud experience levels the playing field against prosecutors and helps protect your interests.
How to Find the Best Lawyer for Your Case
When facing health care fraud allegations in Miramar, it’s essential to find the right lawyer. Here are tips for identifying the best attorney for your needs:
- Search for lawyers with specific health care fraud experience in Miramar or Broward County. Check qualifications, case results and client reviews.
- Choose a lawyer familiar with federal and Florida health care fraud laws. Thorough knowledge of applicable statutes is a must.
- Consider experience negotiating with prosecutors. An attorney with a track record of obtaining reduced charges or alternate resolutions can be invaluable.
- Evaluate trial experience. Even if a plea deal is likely, a lawyer with skill arguing before juries could give you more leverage.
- Find an attorney you trust and can be open with. Health care fraud cases often involve sensitive details, so confidentiality and communication are key.
- Discuss legal fees upfront. Get fee estimates and payment options in writing so there are no surprises.
Doing your due diligence helps find the right lawyer for your specific situation. Don’t hesitate to ask candidates plenty of questions to make an informed decision.
What to Expect During Your Case
If you do face health care fraud charges in Miramar, here is an overview of what you can expect during the legal process:
- Investigation – If federal authorities suspect health care fraud, they may first conduct interviews, issue subpoenas for records and execute search warrants. If evidence of criminal conduct is found, charges could follow.
- Charges – Prosecutors present charges to a grand jury for an indictment or file a criminal complaint and affidavit. Initial charges may be expanded later.
- Arraignment – At your arraignment hearing, charges are formally presented and a plea of guilty, not guilty or no contest is entered. Bail terms could also be set.
- Pretrial motions – Your lawyer may file motions contesting certain evidence, requesting bill of particulars or seeking dismissal of flawed charges. Negotiations could also start.
- Trial – If no plea agreement is reached, your case would proceed to trial. The prosecution must prove charges beyond a reasonable doubt to the jury.
- Sentencing – If convicted, the judge will impose sentencing after considering federal guidelines and prosecution recommendations. Fines, restitution and prison time are possibilities.
An experienced health care fraud attorney will guide you through each step to build the strongest case possible. Having skilled legal representation can greatly impact the outcome.