Strong Defense For Health Care Fraud

Recently, detecting and prosecuting healthcare fraud has been a top priority for the federal and state prosecutor's offices. It is critical for individuals charged with having committed healthcare fraud to understand their rights and immediately seek help from a lawyer who can advise as to the best course of action. The Hashmi Law Group, PLLC, is available to defend individuals in criminal or civil matters related to healthcare fraud.

Health care fraud charges can be based on a number of different laws, statutes, and regulations. Some of the most common bases of healthcare fraud prosecution by the government involve these areas of the law:

  • Stark Law
  • The Anti-Kickback Statute (AKS)
  • False Claims Act

The Stark Law, sometimes called the physician self-referral law, is a federal law that bars a doctor from referring a patient who receives Medicare or Medicaid to another physician or entity with whom they are related (personally or financially). Simply put, Stark is the way of prohibiting a physician from making referrals for the purpose of personal monetary or pecuniary gain.

The Anti-Kickback Statute makes it a crime to offer any monetary or pecuniary reward for referring patients to a provider or organization. The AKS, unlike Stark, applies to anyone, not just physicians. Penalties under the AKS can be civil, criminal, or both.

What Are The Penalties?

Health care fraud charges can be civil, criminal, or both. In civil cases brought by the government, the penalty is generally monetary and injunctive, and the government is held to the lower, "more likely than not" standard of proof. In criminal cases, in addition to fines, individuals could face prison time. In criminal cases, however, the government is held to the higher, "beyond a reasonable doubt" standard of proof. Attorneys at the Hashmi Law Group have a strong understanding of what the penalties are and how to hold the government accountable to its profoundly demanding standard of proof.

Get Our Emergency Legal Help Now

The Hashmi Law Group, PLLC, has lawyers available 24 hours a day, seven days a week to answer your questions on health-care fraud defense or health care investigations, including those related to Medicare or Medicaid.

Our Dallas-based firm represents health care providers and corporations, as well as individuals, throughout Texas and the country. Call 214-235-9938 for a consultation or send the firm an email. With a consultation, you have the opportunity to speak to an attorney by phone or in person, and listen to your legal options.