Healthcare Fraud Scheme Indictment Starts the New Year

The U.S. Attorney arrested 13 people in a $100 Million healthcare fraud scheme in NY and NJ involving automobile insurance claims.  Some of the facts alleged include—

  • Bribed 911 operators and hospital employees for confidential information of insured drivers
  • Unnecessary and painful medical procedures
  • A non-physician owning medical clinics
  • Paying hundreds of thousand of dollars to “runners” who used the money to bribe people

Healthcare businesses that largely serve people injured in motor vehicle accidents remain a top tier focus for law enforcement and special investigative units (SIUs) of insurers.  But so do many other providers in the healthcare sector, such as pharmacies, durable medical equipment (DME) providers, addiction treatment providers and labs.  Payer and governmental presumption is often that financial motives are driving clinical behavior, NOT documented medical necessity.  Hence the need for active compliance plans and policies and procedures that don’t sit on a shelf, but rather are woven into daily business and clinical operations.  Nothing less than the right contracts, the right compliance plan and the right business culture will establish and maintain a sustainable healthcare business!

Which Health Care Law Can Lead to Criminal Liability?

Florida-logo single image

Health care laws are designed to protect patients, and health care businesses are tasked with keeping up with new laws and their nuances in order to remain compliant.

Ignorance is never a defense, but it is not easy to keep up with liability law in Florida, especially in the healthcare industry.

For this reason, many healthcare-related businesses reach out to Florida Healthcare Law Firm for support.

Healthcare Law and Criminal Liability for Patient Care

There are a number of reasons why a healthcare business might be in danger of criminal liability, and medical malpractice is one of the big ones. This can include charges for:

  • Negligent medical care that caused harm or death to a patient.
  • Giving medical services or medication to a patient without gaining their consent first.
  • Practicing medicine without a license or otherwise providing services beyond the certification scope.
  • Breaking HIPAA laws by violating patient confidentiality.
  • Having a romantic or sexual relationship with a patient.
  • Prescribing too much of an addictive medication or prescribing abusable medication without medical necessity.
  • Providing medical services that are illegal at the state or federal level.
  • Assisting any patient in ending their life.

Criminal Liability Is Possible for Health Care Fraud

Medicare fraud is one of the most common types of fraud and a primary reason for criminal liability complaints across the healthcare industry. In fact, any kind of billing fraud is grounds for a criminal offense.

Billing fraud can mean:

  • Accepting payment or favors for using certain medical products or prescriptions.
  • Billing for medical care that was not provided.
  • Double billing for medical care claims.
  • Billing for services that were not medically necessary.
  • Billing using a medical code that is more expensive than the actual amount of services provided.

Health Care Law Can Lead to Liability

The law is set up to protect patients, as it should. But, without knowledge of what current law requires, many healthcare businesses are at risk of criminal liability.

One of the best ways to protect against surprise lawsuits is to hire a healthcare law firm to assist your business in:

  • Assessing current software, forms, and records to ensure that there are no concerns in day-to-day practices.
  • Updating protocol if there are any issues that require attention.
  • Keeping up with changes to existing law and recommending adjustments to procedures as needed.
  • Staying current on new laws as they are introduced, voted on, passed, and put into effect, and creating plans to stay in compliance.

If you have a healthcare business in Florida, whether or not you work directly with patients, it is imperative to ensure that you remain in compliance with Florida law. Contact us at Florida Healthcare Law Firm today to find out how we can assist you in this process.

The Florida Healthcare Law Firm Goes National

Followers & Friends – BIG Announcement coming out today! If you haven’t seen our new NATIONAL platform, check it out here at www.nationalhealthcarelawfirm.com and stay tuned for our #healthcare #legal news at 2pm EST !!!

The Florida Healthcare Law Firm Announces National Expansion

(Delray Beach, FL) June 21st, 2012 – The Florida Healthcare Law Firm, one of Florida’s leading healthcare law firms, today announced a major increase in their legal practice capabilities with the official launch of the National Healthcare Law Firm, a d/b/a and new portal of the firm. The expansion to a national platform providing healthcare legal services to physicians and healthcare businesses is one that significantly increases resources for clients who lack qualified local healthcare counsel. While the Florida Healthcare Law Firm has for years assisted clients outside the state of Florida*, this new development further cements the firm’s commitment to providing ethical legal counsel in the healthcare industry.

“We are very excited about it. The fact that we serve clients all over the country has been a small secret for a while but we realized there’s a huge demand and decided to just go for it,” said Jeffrey L. Cohen, Esq. Founder and President of Florida Healthcare Law Firm.

According to Cohen, “It’s just a strange area of the law.  Nearly everything in healthcare business is regulated; leases, employment agreements, compensation.  Things you wouldn’t think are regulated are strongly regulated.  And there are large fines and criminal penalties for getting it wrong!  Our clients understand that healthcare business of any kind has serious legal risks and that they need uniquely qualified help.”

To request a service list or for any other firm information, call Autumn Piccolo at 888-455-7702 or visit the firm’s website at www.nationalhealthcarelawfirm.com or www.floridahealthcarelawfirm.com

*     *     *

Acknowledged throughout the country for its service and excellence, Florida Healthcare Law Firm is one of the nation’s leading providers of healthcare legal services. Founded by Jeffrey L. Cohen, Esq and headquartered in South Florida, FHLF provides legal services to physicians and healthcare businesses with the right pricing responsiveness and ethics. From healthcare clinic regulation, home health agency representation and physician contracting to medical practice formation/representation and federal and state compliance matters, the Florida Healthcare Law Firm is committed to bringing knowledge and experience to a diverse group of clients.