ARRESTED? INVESTIGATED? ARRESTADO? INVESTIGADO?

Medicaid & Medicare Fraud

Are you are a health professional accused of Medicare or Medicaid fraud or suspect that you are under investigation? Are you a recipient of Medicare or Medicaid and have been accused of fraudulently receiving payments?

These offenses are generally investigated by the auditor general‘s office in the state of Florida in cases of Medicaid fraud and the FBI in cases of Medicare fraud.

If you are visited by an inspector, investigator or FBI agent to speak about your business or practices, you should know that you have the right to speak to an attorney before speaking to them. You should tell them this and then consult with an attorney before speaking about anything regarding your business practices.

When you need an experienced and determined criminal defense attorney to represent you, get in touch with Albert Quirantes Esq., Miami criminal defense attorney, as soon as possible.

Medicare and Medicaid fraud are serious crimes and a conviction can result in significant time in jail and large fines, both and state and federal courts. Medical providers convicted of fraud may find that they face suspension of their license to operate their business.

Health professionals typically accused of Medicaid or Medicare fraud include billing services, clinics, dentists, doctors, physical therapists and other healthcare providers. Actions that may be construed as defrauding the Florida Agency for Health Care Administration as specified by Florida Statute s.409.920 include:

• ‘phantom’ billing;

• up-coding;

• overbilling;

• billing for services or tests that were not necessary.

The statute contains quite a number of activities that may each, or combined, be construed as fraud by health professionals or medical providers.

Individuals may also be accused of Medicaid or Medicare fraud, often as a result of obtaining prescription drugs under Medicaid or Medicare with the intention of selling them or conspiring to sell them. Additionally, a charge of Medicaid fraud or Medicare fraud may be made against any individual who it is alleged has made false statements in order to gain goods or services from the Medicaid or Medicare system.

Penalties for Medicare & Medicaid fraud

This type of fraud, often referred to as a ‘white collar crime’ is treated seriously in Florida. All offenses are considered felonies, but the classification depends on the amount of money alleged to have been involved in the fraud. At the least serious level, less than $10,000 defrauded, it could mean a third degree felony and up to five years in jail.

If the amount of money involved in the alleged fraud is between $10,000 and $50,000, the offense is a second degree felony. Jail could be up to ten years. Frauds of over $50,000 could amount to a first degree felony and up to 30 years jail sentence. Fines can be imposed equivalent to a multiple of five times the amount defrauded.

In many cases, health professionals or providers who have been accused or are under investigation for Medicaid or Medicare fraud have never been in trouble with the law before. There may be many reasons why a fraud charge is not justified. Miami criminal defense attorney Albert Quirantes Esq., advises anyone who suspects that they are under investigation for fraud to contact his office as soon as possible before any arrest occurs.

A conviction for fraud, or even being forced to mount a defense against a charge of fraud, can ruin a professional reputation and lead to the closure of a business.

Don’t risk your reputation, freedom, livelihood and future.

Contact Albert Quirantes Esq. on 305-644-1800 today!