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Criminal Defense for Physicians and Pain Clinics
|Last Updated on: 3rd June 2023, 09:09 pm
Protecting Physicians Accused of Health Care Fraud
Health care is one of the most heavily regulated industries in the United States. With the federal government spending more money on health care than any other industry, it is no surprise that state and federal regulations are nearly endless. Unfortunately, these regulations can leave physicians vulnerable to criminal accusations, particularly those related to fraud. At Spodek Law Group, our experienced attorneys understand the unique challenges faced by physicians who are accused of health care fraud. We have a deep understanding of the law and are committed to providing our clients with the best possible defense.
Many physicians are good people who only want to help their patients. However, there are those who choose to take advantage of the system by defrauding others. In some cases, physicians may also make honest mistakes in billing that leaves them open to suspicion and subject to criminal prosecution. It’s important to remember that health care fraud cases are not like any other fraud case, and require a unique perspective if you are to prevail in court.
Signs of a Health Care Fraud Investigation
If you are a physician and you believe you are the subject of a health care fraud investigation, it is imperative to seek legal counsel immediately. There are often warning signs that indicate you may be the target of an investigation, including:
| Warning Sign | Description |
|---|---|
| Contact from an Investigator | A patient or employee may be contacted by an investigator, or you may personally receive a call from a government agent who is asking you questions. |
| Demand Letter | Some doctors receive a demand letter from Medicare or a target letter from a U.S. Attorney letting them know that they are the subject of an investigation. |
| Search Warrant | When investigations become heated, it could result in your bank accounts being frozen or the arrest of other professionals you have partnered with. You may also receive a search warrant for records or be approached personally by a government investigator. |
Don’t wait until these things happen to seek legal counsel. The sooner you contact us, the greater the odds are that we can preserve your innocence.
Experienced Attorneys on Your Side
If you are facing criminal allegations related to health care fraud, you need an attorney who is familiar with these types of cases. At Spodek Law Group, our lawyers have experience in representing physicians and other medical professionals who are victims of criminal accusations. We understand that your livelihood and freedom are both at risk, which is why we are dedicated to providing you with the best possible representation.
It’s important to remember that not all attorneys are created equal. When choosing an attorney, you want someone who has experience with health care crimes and can spot inconsistencies in a case very quickly. Ideally, that lawyer will have someone on staff who has also worked in a clinic or hospital. At Spodek Law Group, we have the experience and knowledge necessary to handle your case with professionalism and expertise.
Contact Us Today
If you are a physician or other medical professional who is facing criminal allegations related to health care fraud, don’t wait to seek legal counsel. Contact Spodek Law Group today to schedule a consultation. Our experienced attorneys will fight for your rights and help you navigate the complex legal system. We have the table outline with html code and a border thickness of 1px.
| Warning Sign | Description |
|---|---|
| Contact from an Investigator | A patient or employee may be contacted by an investigator, or you may personally receive a call from a government agent who is asking you questions. |
| Demand Letter | Some doctors receive a demand letter from Medicare or a target letter from a U.S. Attorney letting them know that they are the subject of an investigation. |
| Search Warrant | When investigations become heated, it could result in your bank accounts being frozen or the arrest of other professionals you have partnered with. You may also receive a search warrant for records or be approached personally by a government investigator. |
The Crackdown on Prescription Drug Fraud
In recent years, the opioid prescription drug epidemic has increased, leading to an increased number of opioid-related overdoses from prescriptions and illicit street drugs. As a result, the government has been cracking down on prescription drug fraud, especially pain management doctors and pain clinics. This crackdown has resulted in many doctors finding themselves on the receiving end of prescription fraud lawsuits and civil lawsuits for injured parties.
Governmental Monitoring of Prescribing Practices and Pharmacy Fraud
Under the direction of Attorney General Jeffrey Sessions, the Department of Justice has launched an all-out war against opioid and pharmacy fraud. The government has established the Opioid Fraud and Abuse Detection Unit, which monitors data that alerts the unit to potential dangers of pharmacy fraud. The unit works closely with the DEA, FBI, HHS, and local and state law enforcement agencies to identify prescribers who engage in illegal drug dispensing practices, physician shopping, and kickbacks and incentives monitoring.
Special federal prosecutors have been assigned to 12 areas identified as having disproportionately high rates of opioid abuse. Those monitoring prescriber practices are also ordered to look for clues indicating higher than average opioid scripts written, opioid-related deaths within 60 days, patient demographics including ages of patients receiving opioid scripts, and other prescribing practices that are indicative of pharmacy fraud and abuse.
Penalties for Prescription Drug Fraud
Stiff sentencing guidelines and civil penalties are at stake for those accused of prescription drug fraud. Depending on the severity of the circumstances, many prescribers could face from 10 to 20 years in prison with a maximum penalty of a life sentence. Hefty civil lawsuits are also common when a prescriber’s negligence is the result of serious injury or death. The loss of credentials, licensing, and income is also likely even if a prison sentence isn’t imposed. The loss of credibility and credentials in the medical field can also affect one’s future when attempting to obtain other employment. Family and relationship strains are almost a certainty as well.
When to Seek Legal Counsel
If you have been notified by the Opioid Fraud and Abuse Detection Unit or any other agency of law enforcement, you need immediate representation. If you have a strong suspicion that an investigation may be underway, it’s also time to contact a competent attorney that has federal case experience. Many clients can walk away unscathed with a solid legal defense and our expertise. It’s strongly inadvisable to speak with law enforcement until represented in these matters. Representing yourself in court is never a good idea.
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