Healthcare fraud cases are complex. The Norman Spencer Law Group, with their extensive expertise and track record in defending healthcare clients, is your invaluable ally when navigating federal investigations and court cases. Their experienced team represents an array of healthcare clients, from medical practices and Durable Medical Equipment (DME) stores to pharmacies, particularly in New York City.
Healthcare Fraud Defined
Healthcare fraud is the intentional deception or misrepresentation made by a healthcare provider or patient, resulting in unauthorized benefits. In essence, it’s an illicit attempt to profit from Medicare, Medicaid, or other healthcare programs.
Types of Fraud
Common types of healthcare fraud involve kickbacks, upcoding, and billing for services not provided. Kickbacks refer to bribes paid to influence the prescribing of specific medications or services. Upcoding involves charging for a more expensive service than what was provided. Billing for non-provided services refers to charging Medicare or Medicaid for services never delivered to patients.
Penalties for Federal Fraud Crimes
The penalties for healthcare fraud are severe. They include fines that could reach hundreds of thousands of dollars, restitution, forfeiture, and potential incarceration. The federal government’s stance on healthcare fraud is increasingly aggressive, employing stringent enforcement measures to detect and penalize fraudulent activities.
A subpoena is a significant legal instrument that can have profound implications for your business or personal life, particularly if you operate within the healthcare sector. Here, we explore what a subpoena is, why you need to seek legal advice when one is served, and how the Norman Spencer Law Group, with 17 years of experience defending clients in healthcare investigations, can guide you through this complex process.
What is a Subpoena?
A subpoena is a formal order issued by a court or a government agency requiring an individual or entity to do one of two things: testify about a particular matter (subpoena ad testificandum) or produce documents related to a specific issue (subpoena duces tecum).
In the context of healthcare fraud investigations, subpoenas are often used to gather evidence. Federal agencies such as the Department of Justice (DOJ), the Department of Health and Human Services’ Office of Inspector General (HHS-OIG), and the Federal Bureau of Investigation (FBI) frequently issue subpoenas.
Why Seek Legal Advice?
The issuance of a subpoena often indicates that a formal investigation is underway. While receiving a subpoena can be distressing, it’s crucial to understand that it’s the start of a legal process where every step matters. Here’s why you need to seek legal advice:
- Understanding the Subpoena: Legal professionals can help interpret the subpoena, clarify what it seeks, and identify the underlying issues. Subpoenas can be challenging to understand due to legal jargon and complex requirements.
- Rights Protection: Lawyers can ensure your rights are protected throughout the investigation. They can guide you on how to respond appropriately without self-incrimination or violating the law.
- Negotiating Scope: A lawyer can negotiate the scope of the subpoena with the issuing authority, potentially limiting the breadth of information requested, which can reduce the burden of compliance.
- Formulating Strategy: Lawyers experienced in healthcare investigations can formulate a strategy for handling the subpoena and potential investigation, reducing the risk of adverse outcomes.
Norman Spencer Law Group’s Expertise
With 17 years of experience in defending clients during healthcare investigations, the Norman Spencer Law Group offers invaluable expertise in handling subpoenas. The group understands the unique challenges of healthcare regulations, including the intricacies of Medicare and Medicaid.
The Norman Spencer Law Group’s approach involves comprehensive analysis of the subpoena, meticulous preparation for potential outcomes, and aggressive protection of your rights. Their team is proficient in dealing with federal agencies, understanding their tactics and strategies, and effectively responding to protect their clients.
Examples of Cases Against DME and Pharmacies in NYC
The Norman Spencer Law Group has handled numerous cases involving DME providers and pharmacies in NYC. One instance involved defending a DME provider accused of submitting false claims to Medicare. The firm successfully argued that the provider had no knowledge of the fraudulent activities committed by a rogue employee, leading to a significant reduction in charges.
In another case involving a pharmacy, the Norman Spencer Law Group highlighted the pharmacy’s strict compliance protocols and demonstrated that the alleged upcoding was a result of coding errors rather than deliberate fraud. This defense strategy led to the dismissal of the case.
Act Immediately If Federal Agents Visit You
If federal agents visit you or if you receive a federal subpoena, don’t communicate with them before consulting with a legal professional. Norman Spencer Law Group emphasizes the importance of this step to avoid unintentional self-incrimination or misunderstanding of your rights.
Why Choose Norman Spencer Law Group?
Norman Spencer Law Group has been offering the best possible defense to healthcare clients for many years. Their attorneys are not only experienced but also have a keen understanding of healthcare law nuances. Their representation covers all stages of federal investigations, including pre-investigation, investigation, trial, and even appeal, if necessary.
Having represented thousands of clients in healthcare fraud cases, their experience and knowledge are vast and refined. They approach every case strategically, assessing each detail meticulously to craft a robust defense. Their successful track record speaks volumes about their commitment and proficiency.
If you’ve received a federal subpoena or if federal agents have contacted you regarding a healthcare fraud investigation, remember – you need not face this alone. Norman Spencer Law Group is ready to offer their expertise and unwavering support. As the government’s approach to healthcare fraud becomes increasingly aggressive, ensuring you have competent, experienced legal defense has never been more critical.