A criminal defense attorney in Miami Dade may be tasked with the responsibility of defending an individual against charges of fraud, including those of health care fraud.  A criminal defense attorney in Miami Dade can work to establish that the elements of the crime of health care fraud were not established by the prosecutor.  He or she can also describe the potential penalties so that if you are offered a plea agreement, you can make an informed decision about its risks and benefits.

Crime of Health Care Fraud

Healthcare fraud includes the use of submitting medical claims knowing that they are fraudulent.  It often involves defrauding the Medicare and Medicaid systems.  This crime may be committed when medical claims are made due to double billing, overbilling, ordering unnecessary procedures and surgeries, committing HIPAA violations or by receiving kickbacks.  Doctors, hospitals, clinics, pharmacists, dentists, medical suppliers and medical billers may be charged with this serious offense.  Recipients of healthcare services can be charged with this crime if they falsify information, forge prescriptions or sell medicine or medical equipment received through medical care.

Potential Penalties

If someone dies as a result of the fraud, the defendant can possibly face a life sentence.  A Medicare or Medicaid felony fraud penalty carries a maximum five-year imprisonment term and a fine up to $250,000 per individual or $500,000 for a corporation.  Misdemeanor offenses carry a maximum fine of $100,000 for an individual or $200,000 for a corporation.  Health care providers also face losing their professional license.