Health care fraud can involve many different types of parties, including health care providers in Texas. Health care providers can include physicians, physicians assistants, surgeons, hospitals, nurses and nurse practitioners, dentists, pharmacists, pathologists, health care facilities, and laboratories. If you are a health care provider who is facing any kind of federal fraud charges, it is essential to seek advice from a federal fraud defense lawyer in Dallas who can help you to develop a strong defense strategy. In the meantime, the following are some of the top things to know about federal fraud charges concerning health care providers.
Five Federal Laws Apply Most Often to Health Care Provider Fraud Charges
While fraud committed by a health care provider can invoke a variety of federal laws depending upon the circumstances, but there are five central laws that apply to doctors and other health care providers when it comes to allegations of fraud and abuse:
False Claims Act (FCA);
Anti-Kickback Statute (AKS);
Physician Self-Referral Law (also known as the Stark law);
Exclusion Authorities; and
Civil Monetary Penalties Law (CMPL).
Physicians can also face charges under the federal health care fraud statute.
Different Federal Agencies Are Tasked with Enforcement
Depending upon the federal law under which a health care provider is alleged to have committed fraud or abuse, a particular federal agency will be tasked with investigation and enforcement. The following federal government agencies are involved in enforcement actions carried out under the federal laws identified above:
U.S. Department of Justice;
Department of Health & Human Services Office of the Inspector General; and
Centers for Medicare & Medicaid Services (CMS).
Kickbacks Are a Common Allegation Against Physicians and Other Health Care Providers
Kickbacks are one of the more common types of allegations against physicians and other health care providers when it comes to cases involving fraud. Kickbacks involve any type of arrangement made between a health care provider and another party in which the health care provider agrees to make referrals in order to receive a benefit. The benefit could be services, cash payments, drugs, or other goods. Both the Anti-Kickback Statute and the Stark law can be invoked in cases involving allegations of kickbacks.
Fraud Allegations Against Physicians Can Result in Serious Criminal Charges
Physicians and other health care providers facing fraud charges should know that they could be facing serious criminal charges with severe penalties, including extensive prison time and monetary penalties. It is critical to begin working with a lawyer to build your defense and to avoid being convicted of federal fraud-related charges.
Seek Advice from One of Our Federal Fraud Defense Lawyers in Dallas Today
Are you a physician or other health care provider who is facing fraud charges in Texas related to health care fraud or abuse? One of our experienced Dallas federal fraud defense lawyers can assist you with your case. Do not hesitate to get in touch with our firm to learn more about how we can help with your defense. Contact the Law Office of Patrick J. McLain, PLLC for more information.