Health care fraud is a surprisingly huge problem in the United States. The issue has become so significant that the Department of Justice has established a Health Care Fraud Unit so that the problems can be more adequately addressed.
Since this type of fraud is now so heavily investigated, it can be common for people to be falsely accused of health care fraud. This can lead to innocent people facing criminal charges simply because they made an honest mistake. If you have been accused of health care fraud, start by taking the time to understand the False Claims Act. This will help you to build an effective defense.
What is the False Claims Act?
The False Claims Act is a federal law that can be used by the government to hold people responsible for making fraudulent claims against it. It tends to be most often used in issues relating to health care.
The law is notable because it makes it possible for private individuals to sue perpetrators of fraud on behalf of the government. If the private individuals are successful in making the legal claim, they could be entitled to up to 30% of the funds recovered.
What are the most common examples of health care fraud?
There are many ways in which health care fraud is perpetrated in the United States. Incidents occur through fraudulent signing, the tampering of medical records or through the falsification of diagnosis to justify a treatment.
What are some of the most common defenses to accusations of health care fraud under the false claims act?
Probably the most common and effective form of defense is showing that you made an honest mistake. Often, those accused of health care fraud can provide compelling evidence that this was the case. You may be able to give documentation to support the argument that you had honest intentions throughout the entire process.
Another option is to claim that while fraudulent activity may have occurred, you were not aware of it or complicit in it.
If you have been accused of health care fraud as a medical provider or as a patient in New York, it is important that you take swift action to form a compelling defense. Doing so will help you to avoid heavy fines.