Medicaid fraud cases can be very fact-intensive and can lead to lengthy sentences. Our criminal defense attorneys are highly experienced in fighting these charges.
Medicaid Fraud Defined
The crime of Medicaid fraud is the act of any person, who, with intent to defraud the state through any medical assistance program created under the federal Social Security Act and administered by the Department of Health and Hospitals:
(1) Presents for allowance or payment any false or fraudulent claim for furnishing services or merchandise; or
(2) Knowingly submits false information for the purpose of obtaining greater compensation than that to which he is legally entitled for furnishing services or merchandise; or
(3) Knowingly submits false information for the purpose of obtaining authorization for furnishing services or merchandise.
Medicaid Fraud Lawyer in Orleans
Being charged for Medicaid fraud in Orleans Parish, New Orleans, and in the state of Louisiana as a whole, can set you up for severe punishments. In some cases, guilty parties of this crime incur heavy fines, house arrest, and community services. While in other cases, the more serious ones, accused parties can be incarcerated for a long time. On the other hand, being charged for a Medicaid fraud does not automatically condemn you to the four walls of the prison. Medicaid Fraud is a fact-intensive crime, which implies that you still have a chance of walking out of the courtroom, free and acquitted of the supposed crime if you can prove your innocence to the judge and jury.
Our New Orleans criminal lawyers at the Barkemeyer Law Firm have acquired a wealth of experience and know-how fighting charges like this in Louisiana courtrooms. We are well equipped and committed, to fight aggressively in court to secure the most favorable results possible with your Medicaid fraud case. With regards to Medicaid Fraud cases in Orleans and New Orleans, the fact that is available to you during your court case can make or break your chances of walking out of the courtroom a free man or woman. For this reason, you need a brilliant and aggressive criminal lawyer New Orleans, who knows what to look for in a Medicaid Fraud case and will recognize opportunity, if there are any inconsistencies surrounding the case filed against you.
Punishable Medicaid Fraud cases in Orleans
Medicaid fraud crime in Orleans is categorized in two ways; provider Medicaid Fraud and recipient Medicaid Fraud. If ever you are arrested for either of the two categories of the Medicaid fraud charge, the potential ramifications could include a jail term. So, you ought to take quick steps the moment you or your loved ones are charged with any of the following Medicaid fraud in New Orleans; contact Mr. Barkemeyer, criminal lawyer Orleans.
Provider Fraud: If you are arrested on the bases of any of the following Medicaid crimes, you may be charged for a provider fraud referral in New Orleans. If care is not taken, you may be convicted for the crime.
- Charging Medicaid patients for supplies, services, or machinery that is not applicable to or prescribed to them. Any intentional act to bill Medicaid patients for services or supplies that have no relevance to them in Louisiana, is considered a Provider fraud crime, in Orleans. If you are caught on the bases of this particular crime, you would be invited to the court, to provide a fact-based defense for your case. In that case, you would need an experienced lawyer in your corner.
- Charging Medicaid patients for pieces of equipment, or supplies which are obviously unfit for the Medicaid patient, or are of poor quality or insufficient for the Medicaid patients.
- Laying claim to supplies, equipment, or services that are not covered or chargeable under the Medicaid coverage. You will also be filed for Medicaid Fraud when you camouflage a non-covered product in a Medicaid invoice of a patient as a covered product.
- Misappropriation or misrepresentation of dates for services rendered to a Medicaid patient. You would also be charged for this crime when you alter data of provider/recipient of services covered under the Medicaid coverage.
- Attempting to obtain reimbursement from Medicaid by creating forged documents or billing information that deliberately mimics the Medicaid billing statement; and
- Any form of collaboration between suppliers, contractors, employees or third parties with Medicaid providers, to hide illicit billings and/or extra reimbursements of the Medicaid coverage. Also, any devices or antics to split fees and obtain commission illegally from Medicaid will be punishable by law.
Recipient Fraud: If you are arrested on the bases of any of the following Medicaid crimes, you may be charged for a recipient fraud referral in New Orleans. If you don’t take quick actions, you may be convicted for the crime.
- Misappropriation or misrepresentation of dates for services received, to remain eligible for Medicaid coverage. You would also be charged for this crime, when you alter personal data, in the attempt to enjoy bigger coverage under Louisiana Medicaid, after the Medicaid coverage has already been established.
- Allowing an individual that is not covered under Louisiana Medicaid, to use your Medicaid documents for services. You’ll also be filed for this crime if the said individual is restricted from benefiting from Medicaid coverage in Louisiana or has exhausted his or her Medicaid coverage. Any services received with your Medicaid card or document will be considered illegal, with potential to get you convicted in a state or federal penitentiary.
- Using a Medicaid eligibility card to obtain services within the state when you are clearly uncovered by Medicaid in Louisiana. Authorized use of the Medicaid card of Louisiana, is considered a serious offense and can set you up for dire consequences.
The potential punishment for Medicaid Fraud in Louisiana
Normally a prison sentence is accorded to serious offenders of the Medicaid crime. Nevertheless, you should do all you can to avoid any of the potential punishments of a Medicaid fraud. A conviction of this crime will not only get you time behind bars, but it will also soil your record for life. The one chance you have at defending yourself from this damning charge, is to engage an experienced criminal defense attorney Orleans. Barkemeyer Law firm has its door, wide open to you in New Orleans and our criminal defense attorneys may handle your case personally.
Depending on the severity of your Medicaid crime in the state of Louisiana, you can be charged as either civil or criminal Medicaid fraud. For civil offenses, you may incur $2,000 cash fine for every false claim. While for criminal offenses, you may incur cash fines totaling up to $20,000 and 5 years behind bars. Regardless of whether you are charged for a civil or criminal Medicaid Fraud, you would lose your access to the Medicaid program.
The criminal attorneys at the Barkemeyer Law Firm are experienced and you can count on them to explore every angle of your case for the best outcome possible.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170