What to Do if You’re Charged with Healthcare Fraud Involving Genetic Testing
What to Do if You’re Charged with Fraud Involving Medicare Part D
So you got accused of messing with Medicare Part D. That really bites. Part D is the prescription drug program. The feds take this stuff real serious. But don’t freak out just yet. Plenty of ways to fight back if your innocent. This article will walk through how to deal with Part D fraud charges. I’ll explain the common scams, finding a lawyer, building your defense, and more. Hang in there – it ain’t over yet.
Understanding Part D Fraud
First up – the types of Part D frauds people get charged with:
- Fake prescriptions – Writing scripts for drugs that patients don’t need.
- Identity theft – Using someone else’s ID to get drugs.
- Kickbacks – Getting paid to write certain prescriptions.
- Stealing prescription pads – Forging prescriptions.
- Billing for unprovided drugs – Pharmacy fraud.
Lots of ways to scam the system. Folks get greedy or desperate. But it’s illegal and comes with big penalties if caught.
Getting an Attorney
After getting charged, your first call should be to a criminal defense lawyer. Don’t try going solo here. Medicare fraud is felony with real jail time.
Many lawyers offer free consultations. Find someone experienced specifically in healthcare cases. This stuff gets complicated. You need someone who knows the system.
If you can’t afford a private attorney, the court will appoint a public defender. They may have heavy caseloads but there still legit lawyers.
The Legal Process
Your lawyer will walk you through the basic process after charges get filed:
- Arrest – The cops might come grab you at home or work if they haven’t already.
- Charging docs – These formally accuse you of specific crimes.
- Arraignment – You’ll enter a plea at your first court hearing. Usually plead not guilty here.
- Pretrial motions – Your lawyer can challenge the evidence and witnesses.
- Plea bargain – Negotiate to plead guilty to lesser charges.
- Trial – If no plea deal, your case goes to court before a judge or jury.
- Sentencing – If found guilty, the judge gives you a punishment.
This whole thing takes over a year typically. It’s a waiting game so be patient.
Building Your Defense
While your lawyer handles the legal side, they’ll need your help on the facts. Gather up anything that supports your innocence like:
- Records showing prescriptions were legit.
- Documents proving you provided the billed services.
- Emails or notes refuting the charges.
- Testimony from staff backing your story.
Also write a timeline of what happened from your view. Finding inconsistencies can help weaken the prosecution’s case.
Basically reconstruct proof of your innocence. This evidence could raise reasonable doubt at trial or even get charges thrown out pre-trial.
Consider Taking a Plea Bargain
Many fraud cases end in plea deals. This involves pleading guilty to lesser charges to avoid trial. Your lawyer will advise if it’s smart to take a deal.
Plea bargains provide certainty versus the uncertainty of trial. But they still lead to penalties, so weigh carefully.
Potential Penalties if Convicted
If found guilty at trial, you’ll likely face:
- Years in federal prison
- Massive fines, possibly millions of dollars
- Restitution to repay victims
- Loss of medical/pharmacy licenses
- Asset forfeiture – they can seize your property
It’s devastating, especially for first offenses. Have your lawyer highlight mitigating factors to reduce the sentence.
The Opioid Crisis Connection
The opioid epidemic brings extra focus on Part D fraud. Prosecutors crack down on doctors and pharmacies viewed as illegally supplying drugs.
But each case has unique circumstances. Fight unjust charges but take fair deals. Listen to your lawyer’s advice.
Stay Strong, Don’t Lose Hope
Being accused of healthcare fraud feels overwhelming. But take it step by step. Rely on your support network. Keep the faith that ultimately you’ll be OK.
Millions have faced criminal charges and moved on with their lives. Have courage that you will too. This storm will pass.