The Federal Government Draws a Hard Line on Health Care Fraud
The U.S. government has an uncompromising policy when it comes to
health care fraud. The statutes governing this area of the law do not require any specific intent to violate the law; prosecutors do not even have to prove that an accused individual knew that their actions were illegal. Any individual or business that does work that involves federally funded patients or that contracts with the federal government should be cognizant of this area of the law, as they are subject to the laws governing this type of fraud.
Health Care Fraud Defined
Statutes governing this area of the law are broad and cover many specific activities. Briefly stated, this type of fraud occurs when an individual or business submits a fraudulent or false claim to a U.S. government entity. Kickbacks and violations of the Stark law are examples of more specific violations. Kickbacks are illegal financial rewards given to health care providers in return for their referral. The Stark law limits certain provider referrals.
Possible Punishment
The legal resources of the federal government are vast and the punishments can be quite severe. Civil penalties can include fines, treble damages, exclusion from participation in future federal healthcare programs, and payment of attorney's fees. Criminal punishment can result in lengthy incarceration in federal prison.
When the law is so uncompromising and the potential penalties are this severe, it is imperative to have experienced and knowledgeable legal representation defending you. The federal government has plenty of legal muscle to pursue prosecution of this type of fraud. An individual or business who is facing investigation by any number of federal agencies, or who is facing prosecution should seek experienced and knowledgeable legal representation. An attorney should be sought who specializes in this area of the law because the statutes governing it are complex and cover a broad area of activity.
