Federal Healthcare Fraud Updates

It seems that recently the federal government has been focused on prosecuting health care fraud.  Just this past summer the Department of Justice (“DOJ)  announced that it brough criminal charges against almost 40 defendants from 13 federal districts in the United States, with allegation of a $1.2 billion fraud, centering around schemes involving  cancer genetic testing, cardiovascular genetic testing and durable medical equipment.  defendants in 13 federal districts across the United States for more than $1.2 billion in alleged fraudulent telemedicine, cardiovascular and cancer genetic testing, and durable medical equipment.

Such charges can be brought against a wide variety of people in the healthcare industry, including hospitals and its staff, doctors, nurses, office managers, telemedicine company owners, executives and managers,  laboratories, durable medical equipment companies and their employees, marketing companies and its employees, among others.

In addition, the federal government is authorized by law to seize certain property in connection with the fraud proceeds. Such property can include money, investments, real estate, vehicles, bank accounts and more.  In the particular case brought last summer (2022) the DOB seized over $8 million in cash, luxury vehicles, and other fraud proceeds.

The federal government also investigates and prosecutes schemes involving the payment of illegal kickbacks and bribes by medical employees, including laboratory owners and operators and others in exchange for referring patients by medical professionals. Telemedicine schemes seem to be a recent addition to the federal government’s focus and account for more than $1 billion of the total alleged intended losses associated with charges brought last summer.  Another recent addition to the federal prosecutions seems to be the crimes relating to fraudulent cardiovascular genetic testing.  For example, medical professionals have been charged for making referrals for these genetic texts when the government alleges that they were not necessary.

To discuss the federal criminal defense update or criminal law more generally, reach out to New Jersey and New York criminal defense lawyer Lorraine Gauli-Rufo at 973-239-4300 or LGR LAW for a consultation today. For more information about the firm, please visit LGR LAW’s website.

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