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Bronx Medicaid Fraud Lawyer
Due to public debate surrounding federal health-care policy, Medicaid fraud has increasingly become a popular topic of discussion in New York and around the country. While it is not uncommon for people to suspect working class and low-income populations are the main culprit of Medicaid fraud, the truth is most instances of fraud are committed by organized crime rings and sometimes by healthcare workers and facilities. For Those who commit Health Care fraud, it is very tempting to believe it is easy to get away with the crime. However, the risk exceeds the reward because Medicaid fraud is considered both a state and a federal offense, and conviction may result in the perpetrator spending decades in prison and being required toupee tens of thousands up to hundreds of thousands of dollars in fines depending on the scope of the fraud. Therefore, no one who is under investigation for Medicaid fraud or who has been charged with a Medicaid fraud offense should take the situation lately. A bronx Medicaid fraud defense lawyer can help individuals who are under investigation as well as those who have been formally charged.
Medicaid Fraud in the bronx
There are multiple ways in which Medicaid fraud may take place. Generally, under New York state law, the prosecution must prove the following before a defendant may be convicted of Medicaid fraud:
- The defendant knowingly transferred or delivered a prescription or medical device in exchange for anything of pecuniary value well being aware that the recipient had no medical need for the prescription or device.
- The defendant received, in exchange for anything of pecuniary value, a prescription medication or medical device despite knowing or having had reason to know the defendant was not authorized to sell or distribute the prescription medicine or device.
- The defendant transferred a prescription medicine in exchange for anything of pecuniary value.
- The defendant received a prescription medicine in exchange for anything of Pekin area value.
New York law defiance the term medical device as any item for which a prescription is required to sell, deliver, or transfer the item. Therefore, an individual may be convicted of Medicaid fraud if he or she illegally exchanges a prescription drug or even an item that would be otherwise identified as a medical device.
Detecting Medicaid Fraud
States allocated considerable amount of resources to detecting and investigating Medicaid fraud. Most tips come to stay investigators through whistleblowers. People who become whistleblowers are typically employees at Healthcare facilities, friends, family members, and Associates of people who engage in fraudulent activities and maybe enticed to provide information to the government due to fear of job loss or, in some cases, malicious intent towards the accused. Once the government suspects fraud, it’s typically conducts an audit to investigate more carefully. Well audits may result in the discovery of evidence of an actual crime, Healthcare practitioners and facilities are sometimes subjected to criminal accusations over minor miscalculations and honest record-keeping errors. A bronx Medicaid fraud lawyer can potentially help individuals and Healthcare facilities disprove false accusations of Medicaid fraud.
When to Contact a bronx Medicaid Fraud Lawyer
It is always best to contact a defense attorney as early as possible. The first sign that suggests the government may be investigating an individual or Healthcare facility for Medicaid fraud is usually a request for a voluntary, informal interview with a government agent. This is also the point at which the individual or organization that has been contacted should contact a bronx Medicaid fraud defense lawyer. A Medicaid defense lawyer can be present with the accused at all interactions with law enforcement and the federal or state government. Having an attorney present can not only help the accused protect his or her rights, but attorneys also help ensure individuals who are under investigation or who have been charged with a crime do not make statements that may unnecessarily incriminate the individual or organization and inadvertently helped the state or federal government’s case.
Well it is always best to contact an attorney prior to speaking two investigators, individuals and organizations that have been accused of a crime may contact a lawyer at any point. bronx Medicaid fraud defense lawyers are available to provide a free case evaluation to help the accused determine the best options for constructing a defense against the very serious charge.
Don’t deal with bronx Medicaid Fraud Lawyer alone. Speak to the Spodek Law Group today.
Bronx Medicaid Fraud Lawyer
Medicaid fraud investigations in New York are on the rise. This is also the trend in other states across the country. The government is treating Medicaid fraud with utmost seriousness. In 2015, the Government Accountability Officereported improper payments that totaled to over $29 billion. Persons who have applied for Medicaid in Bronx, New York and have misrepresented facts can easily become targets of the massive haunt for Medicare offenders. If this is you, then it is in your best interest to consult with our Bronx Medicare fraud attorneys. Your healthcare should not be taken lightly, and losing on the benefits that come with Medicaid could cripple you financially.
What constitutes as Medicaid fraud?
Medicaid fraud happens when you knowingly give false information so as to receive benefits that you would not have otherwise received. Eligibility for Medicaid and other government healthcare products is mainly pegged on the applicant’s level of income. This is where most people give false information, often underquoting what their earnings. When applying for Medicaid, you are supposed to name all your assets. Failing to do so is considered fraud. While in the program, you are also expected to inform the department about any changes such as a living situation or financial status. There are instances when you may genuinely forget to give this information. However, this may still be interpreted as fraud. This is why you need to consult with a fraud attorney, even when the omission is simply a mistake and not an intention to commit fraud.
Medicaid penalties
Due to the crackdown on Medicaid offenders, the penalties in New York are harsh for persons found guilty of Medicaid fraud. There are different offenses. These are mainly categorized on the falsified amounts in question. If the amounts are less than $1000, then this can be classified as a misdemeanor. It is crucial to note that, amounts above this is considered a felony. A first-degree felony charge involves amounts above $1 million. This shows that the more money you receive as benefits, the more serious the charges are likely to be. For a misdemeanor or a lesser amount charge, you will be expected to refund the funds. Repeat offenders can be sentenced to jail time. Due to the large numbers of Medicaid fraud cases, prosecutors often settle the cases out of court. However, you need a good lawyer to negotiate a plea bargain.
Medicaid fraud defense
A simple error or omission can still be viewed as fraud. If you receive a letter from the investigators asking you to attend a hearing, you need to immediately consult with a lawyer. Anything you say can be used against you. The lawyer will gather evidence on the basis on the charges against you. This will inform the strategy defense that he will use in your case. It is ill-advised to attend these hearings on your own. A lawyer who specializes in Medicaid fraud is an asset in such cases. Once the lawyer has viewed the merits of the charges against you, they will advise you on the best course of action. The lawyer will also attend hearings and meetings with you.
When it comes to Medicaid fraud charges, negotiation skills are crucial. This is why you need a lawyer who has extensive experience in representing Medicaid fraud offenders. Remember that the department will hire zealous investigators. In case a whistle blower has reported you, they will receive some money as appreciation. This means that the intentions to prosecute you work to the benefit of many stakeholders. We represent clients who have been charged with Medicaid fraud. Our lawyers work round the clock to ensure a lesser penalty or an acquittal of the charges made against you.