top of page
  • Writer's pictureSean Buckley

PROTECTING YOUR PRACTICE: HEALTH CARE FRAUD DEFENSE

Updated: Jan 18


Health Care Fraud Defense
Health Care Fraud Defense



Federal & State of Mississippi criminal defense attorney Sean Buckley, whose primary office is located in Pascagoula, Mississippi has defended numerous individuals over the past two decades that have been wrongfully accused of federal and state crimes.

If you are facing serious allegations, such as fraud, conspiracy, money laundering , health care fraud or any other white collar crime, you need an attorney with experience immediately. Criminal Defense Attorney Sean Buckley is here to fight for your legal rights & reputation! Protecting Your Practice: Health Care Fraud Defense.


Allegations of health care fraud in Mississippi or anywhere else in the country can be very serious legal matters. When a doctor or other health care provider is accused of fraud, the ramifications can be severe. Depending on the type of allegation, a health care professional could potentially lose their professional license, face other sanctions restricting their ability to operate their business, or even face criminal prosecution. Heath care fraud defense is critical if you have been charged or under investigation.


That’s why it’s very important that Mississippi health care professionals understand how the investigation process works and what to expect when being investigated for health care fraud. In this blog, you can find the answers to many questions about these types of cases.

The information is based on health care crimes defense attorney Sean Buckley's years of experience defending the legal rights & reputation of medical professionals and other health care providers. Health Care Fraud Defense.


What are common cases?


Health care fruad defense: Allegations of health care fraud can cover a wide range of activities. Some of the most common:


           - Falsifying health care claims.

           - Double billing for medical services.

           - Billing for medical services not provided.

            -Upcoding (billing for a more expensive medical procedure).

            -Performing medically unnecessary medical procedures.

            -Medicaid fraud, Medicare fraud and fraud involving other federal healthcare programs.

            -Providing medically unnecessary prescriptions for medications, particularly              prescriptions for opioid drugs.


This is just a sampling of some of the allegations that typically target medical professionals and health care institutions. Many other allegations and claims are common. Each one may require its own distinct defense strategy.


 

To learn more about your legal options and which strategy makes the most sense, schedule an appointment for a FREE CASE EVALUATION with Pascagoula, Mississippi health care fraud defense attorney Sean Buckley.


 

What laws govern these types of cases?


Health care fraud defense: In many cases, the rules and regulations governing health care fraud allegations are federal laws, including:

  • False Claims Act (FCA) – Created in 1863, the False Claims Act (31 U.S.C. §§ 3729 – 3733) allows the government and some private parties to take legal action against individuals or companies accused of submitting false claims to the government. FCA cases could implicate health care providers accused of trying to defraud government-funded programs such as Medicare or Medicaid.

  • Anti-Kickback Statute (AKS) – This federal law (42 U.S.C. § 1320a-7b(b)) prohibits medical professionals from rewarding or providing any form of payment or remuneration in return for patient referrals that are funded by federal healthcare programs such as Medicare or Medicaid. Most health care fraud allegations today include AKS violations.

  • Criminal Health Care Fraud Statute – This federal statute (18 U.S.C. § 1347) prohibits medical professionals or health care institutions from engaging in a scheme or making false statements intended to defraud federal healthcare programs (Medicaid, Medicare, etc.).

  • Stark Laws (Stark Statute) – These federal statutes, which are also known as the Physician Self-Referral Law (42 U.S.C. § 1395nn), prohibit medical professionals from referring patients to another health care provider in which the referring physician benefits financially. The Stark Law was enacted in three parts known collectively as the “Stark Statute.” The three parts are:

  • Stark I – Enacted in 1989. Applies to referrals of Medicare patients to clinical laboratories.

  • Stark II – Enacted in 1993. Applies to 10 additional types of medical services not included in Stark I.

  • Stark III – Enacted in 2007. Applies to additional types of medical services not included in Stark I and Stark II.

These are just some of the federal laws that apply to allegations of health care fraud. Additional federal and state laws also exist. That’s why it’s important to consult with an attorney near you if you or your medical practice has been charged with health care fraud or your practice is the subject of a Qui Tam lawsuit.


Who investigates health care fraud allegations? Health care fraud defense:


Depending on the type of allegation, several different state or federal agencies may be involved in the investigation. In general, it depends on whether the investigation involves a civil or criminal matter. Which state or federal agency investigates also often depends on whether state or federal laws have allegedly been violated.


Since most health care fraud allegations involve violations of federal laws. Federal agencies are usually involved in investigations at some level. These federal agencies may include:

  • U.S. Department of Justice (DOJ)

  • Federal Bureau of Investigations (FBI)

  • U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG)

In addition, individual state agencies may assist in investigations. In particular, the Attorney General’s office for a particular state may take part. However, this may vary from one state to another.


How does the investigation process work?


The specific circumstances underlying health care fraud investigations vary from case to case. However, in general, health care providers can expect the investigation process to include many of the following steps:

  • Your medical practice or healthcare organization will receive a formal letter notifying you that you are the subject of a fraud investigation.

  • The investigating agency will then likely assign a team of agents and auditors to investigate the allegations.

  • Your medical practice or healthcare organization will likely be invited to provide written documentation refuting the allegations and justifying your actions.

  • You and your employees will likely be interviewed by federal and/or state investigators. It is important to understand that making false statements to federal investigators or otherwise obstructing a federal investigation is a separate federal crime.

  • You are legally allowed to have legal representation during the interviews. You do not have to speak to investigators on your own. You have the right to have an attorney present during the interviews. 

  • Depending on the allegations against you, your case could potentially go to trial.

  • If your case involves allegations of violating federal laws or statutes, and a significant amount of money is involved, the U.S. Department of Justice may prosecute your case criminally in federal court.

This is a general description of the process surrounding health care fraud investigations. Each case can present its own distinct challenges and complications. That’s why it’s strongly recommended to consult with an attorney if you, your medical practice, or health care organization has been accused of health care fraud.


Can health care professionals appeal a decision?


In many cases, the answer is yes, you can appeal a decision involving allegations of health care fraud. However, it’s important to note that every case is different and generalizations should be avoided when dealing with specific legal matters. Instead, individual health care providers should consult with a lawyer about the options available if a judgment of health care fraud has been entered by a government agency or civil or criminal court.


Who is responsible for ruling on appeals?


Since many health care fraud allegations involve violations of federal law, federal appeals courts are often responsible for ruling on healthcare fraud appeals. Nationwide, there are 11 U.S. Court of Appeals, which are also known as Circuit Courts. The 11 U.S. Circuit Courts are divided into 11 different geographic areas. Texas, for example, is part of the 5th U.S. Circuit Court of Appeals, which also includes Louisiana and Mississippi.


To learn more about your legal options and which strategy makes the most sense, schedule an appointment for a FREE CASE EVALUATION with Pascagoula, Mississippi health care fraud defense attorney Sean Buckley. Attorney Sean Buckley has extensive experience defending the legal rights & reputation of individuals in Pascagoula, Biloxi, Gulfport, South Mississippi and Statewide. 

                                            Se Habla Español


Law Offices of Sean Buckley - Voted #1
Law Offices of Sean Buckley - Voted #1

Sean & Marisol Buckley
Sean & Marisol Buckley

bottom of page