Boston Federal Defense for Prescription Drug Abuse and Diversion

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Last Updated on: 11th October 2023, 11:22 am

 

Boston Federal Defense for Prescription Drug Abuse and Diversion

Prescription drug abuse is a huge problem across the country, and Boston is no exception. With the opioid epidemic ravaging communities, the government has cracked down on practices that enable abuse and diversion of prescription medications. This means healthcare providers in Boston need experienced legal defense if accused of healthcare fraud, improper prescribing, or diversion.

The stakes are high if convicted of prescription drug fraud. You could face huge fines, be excluded from Medicare/Medicaid, or even go to prison. So having a knowledgeable Boston prescription defense lawyer is crucial.

Common Prescription Drug Charges in Boston

There are many ways healthcare providers can get accused of prescription drug fraud. Here are some of the most common allegations:

• Improper prescribing of opioids or other controlled substances
• Prescribing without medical need
• Prescribing to patients you haven’t properly evaluated
• Prescriber kickback schemes with pharmacies
• Prescription forgery or alteration
• Prescription drug diversion
• Running a “pill mill”

Often these charges come after a pharmacy or practice has been “red flagged” for suspicious prescription patterns. This prompts federal agencies like the DEA, FBI, OIG, and DOJ to start investigating.

Prescription Monitoring Programs

One of the main tools the government uses to identify improper prescribing is Prescription Drug Monitoring Programs (PDMPs). These databases track controlled substance prescriptions, letting investigators analyze a provider’s prescribing habits.

Massachusetts’s PDMP is called the Massachusetts Prescription Awareness Tool (MassPAT). It contains Schedule II-V controlled substance prescriptions dispensed in MA or to MA residents. The government checks it for red flags like:

• High total dosage volumes
• Prescribing high-risk drug combinations
• Patients visiting multiple prescribers (“doctor shopping”)

So if your prescribing patterns deviate from the norm, you may trigger an audit or investigation. This is where an experienced Boston prescription defense attorney can help protect your practice.

Prescription Drug Diversion

After improper prescribing, prescription drug diversion is one of the most common charges pharmacies and providers face. Diversion means prescription medications being distributed illegally – like:

• Selling valid prescriptions
• Sharing or stealing medications from inventory
• Altering or forging prescriptions
• Prescribing drugs without a valid medical purpose

Not only is diversion dangerous, it is a serious federal crime. Convictions often lead to huge fines, license revocation, and even jail time. So if you are being investigated for diversion, you need an aggressive legal defense strategy.

Boston Prescription Drug Defense Strategies

Fighting federal prescription drug charges takes experience. Your Boston defense lawyer should be prepared to argue:

• You acted in good faith when prescribing
• A prescription was medically necessary based on diagnosis
• Your prescribing practices follow accepted standards of care
• Any diversion was due to rogue employees, lack of oversight
• Audit methods or data contains errors

An effective defense will require scrutinizing the prosecution’s evidence and witnesses. Your lawyer should be prepared for motions to suppress evidence or statements if there were any constitutional violations.

Avoiding Charges in the First Place

The best defense is a good offense. There are proactive steps healthcare providers can take to avoid prescription-related charges:

• Carefully screen patients and document medical need for controlled Rx
• Follow up to ensure patients taking medications properly
• Regularly monitor MassPAT for irregular prescription patterns
• Implement strong inventory control and diversion prevention policies
• Conduct internal audits to identify any improper prescribing
• Train all staff on proper prescribing procedures

Taking these preventative measures can help avoid landing in the government’s crosshairs.

Why Choose Oberheiden P.C.

If you are being investigated for prescription drug fraud in Boston, you want attorneys with extensive experience in these cases. Oberheiden P.C. offers:

• Former federal healthcare prosecutors
• Centuries of combined prescription drug defense experience
• Proven track record of favorable case results
• Aggressive and strategic defense
• Reputation for protecting providers’ licenses

Don’t leave your practice’s future in the hands of just anyone. Contact Oberheiden P.C. to speak with an experienced Boston prescription drug defense lawyer today.

References

Here are some references cited in this article:

• Prescription Drug Fraud in Massachusetts – Boston Criminal Lawyer Blog
• Boston Massachusetts Prescription Drug Fraud Lawyer – Geoffrey Nathan Law
• Boston Healthcare Fraud Defense Lawyers – Oberheiden P.C.
• Fighting ‘Pill Mill’ Allegations – Chapman Law Group
• Federal DEA Defense for Opioid Allegations – Chapman Law Group
• DEA Drug Diversion Lawyers – Federal Lawyers