Medicaid Fraud Lawyer in New York City

New York City Medicaid Fraud Defense Attorney

New York City Family Health Plus Fraud Lawyer

Our New York City criminal defense firm represents New Yorkers facing Medicaid fraud, Family Health Plus fraud, or Health care fraud criminal charges.

Our clients are both Medicaid recipients as well as providers such as doctors, dentists, clinics, nursing home managers, pharmacists, home care providers, and ambullette transportation business owners who have been accused of administrative or criminal violations of any of the New York Medicaid rules.

Our New York City Medicaid fraud defense lawyers will be glad to review your case with you. Remember, when you are subject to investigation, it is always in your best interest to talk to an experienced attorney before discussing your case with investigators.

How one may be charged with Medicaid or Family Health Plus fraud in New York City

There are two categories of people who are investigated and prosecuted for Medicaid fraud: benefits recipients and providers.

If you are a recipient, you may be guilty of Medicaid fraud for the following:

Providing false information on the Medicaid application (lying or concealing information about income, assets, etc.)
Altering or forging prescriptions
Re-selling medicine and products obtained through the program
Receiving services for which you are not eligible by means of intentional misrepresentation
Allowing another person to use your Medicaid card to obtain services
Receiving and using several Medicaid Cards

If you are a Medicaid services provider, you could be investigated for the following:

Billing Medicaid for services that have never been provided
Filing claims for fake services and medical conditions
Filing claims for fake and staged car accidents
Coverage claims for non-existent illnesses
Filing claims for medical care coverage for staged, fraudulent auto accident injuries
Illegal fee sharing
Billing for services provided by unlicensed personnel in violation of Medicaid rules

What to do if you are investigated for Medicaid Fraud or Family Health Plus Fraud in New York City

In many cases, clients first learn that they are the target of a Medicaid fraud investigation when they receive a letter from NYC Human Resources Administration.

Medicaid eligibility rules are clear and strict. If you have assets or income above a certain level, depending on your family size, or if you do not live in New York City, you are not eligible to receive Medicaid in New York City. The New York City Bureau of Fraud Investigation and the Division of Claims and Collections, both located at 250 Church Street in Manhattan, as well as other agencies routinely investigate matters related to fraudulent receiving of Medicaid benefits in New York City.Lately, there has been a substantial increase of criminal prosecutions of individuals who received health benefits illegaly.

If you receive a letter from an investigative agency asking you to come to their office for an “interview” and to bring along certain documentation, you should seek legal advice immediately before discussing anything with the investigators.

If you go to the interview and voluntarily submit requested documentation you may be implicating yourself and confessing to having committed a crime and in the event your case is referred to the local District Attorney’s Office for criminal prosecution or to the NYC Legal Department for civil litigation, any information your provide will be used against you.

Will I be arrested for submitting false information on my Medicaid or Family Health Plus Application in New York City?

There is no definite answer to this question as each case is reviewed separately. Lately there has been a significant increase of cases involving submitting false information on New York City Medicaid applications that were referred for criminal prosecution. Intent to defraud is one important factor used in determining whether a case will be prosecuted. All Medicaid fraud cases in NYC involving receipients that are prosecuted involve persons who submitted false information on their Medicaid applications, particulalry the information concerning their financial resources such as real properties, incomes, and cash. Many of them do not even reside in New York City, which significantly increases chances of criminal prosecution.

For an example of one of the latest instances of Medicaid fraud criminal prosecutions in New York City, click here:

http://manhattanda.org/whatsnew/press/2009-10-29.shtml

If the HRA does decide to press criminal charges, the case will be referred to the District Attorney's Office and the receipient will be indicted for several felony charges including grand larceny, Medicaid Fraud, and other charges. Many clients found out that they had been targeted only upon receiving a call from the DA's Detective Squad advising them to surrender and face the charges.

We have helped countless individuals investigated for Medicaid Fraud in New York. In many cases, our lawyers have been successful in preventing criminal charges to be filed in the first place! If you or someone you know is contacted by investigators in regards to Medicaid fraud, do not be part of the statistics - call us today for a confidential consultation.

What if you are a service provider

If you are a provider of Medicaid-sponsored services, you may also receive a letter or a call from an investigating agency requesting an interview or asking you to submit your files to them for examination. If this happens, call an experienced New York Medicaid fraud attorney right away.

If you are a provider investigated for fraudulent Medicaid related activities, you may receive written communication from a variety of governmental agencies from the Office of the Attorney General to the Office of Inspector General to the U.S. Government Accountability Office. On some occasions, agents may simply raid your office and seize your files and computers. When you realize that you are subject to a governmental investigation, talk to us before talking to the investigators!

If you are under investigation, the “do-it-yourself” approach is wrong. How the case in handled in the investigative stage often determines the outcome, including the likelihood of whether criminal charges are filed against you.

That is why a consultation with an attorney is absolutely critical before you discuss anything with the investigators.

Your chances of a favorable outcome increase dramatically if you begin you defense in a Medicaid fraud case or health care fraud case early - hopefully before indictment. The government has already invested considerable time and resources in gathering evidence and building the case against you. They are ahead of the game and the sooner your defense team gets involved the better your chances. You need an experienced and dedicated legal team of New York City Medicaid fraud lawyers to beat the fraud investigators at their own game.

What to expect if criminal charges are filed against you for Medicaid Fraud in New York City

Medicaid fraud in New York City is actively investigated and prosecuted. If your case is not properly handled administratively at the early investigative stage, criminal charges are likely to be brought. You may be accused of several felonies including grand larceny, false filing, fraud, etc. You will pay restitution and fines, be banned from receiving or participating in Medicaid, have a criminal record, and may even go to prison.

New York City Medicaid criminal defense attorneys

If you have been accused of Medicaid fraud in NYC, you need the expertise and dedication of our New York City Medicaid fraud attorneys. As soon as you discover that you are under investigation for Medicaid or health care fraud, call our criminal defense attorneys immediately. If you are a health care provider, you have too much to lose if you are convicted of Medicaid fraud, and that includes your professional license.

Joseph Potashnik and his colleagues, all skilled New York City Medicaid fraud lawyers, will review your case, investigate circumstances surrounding the accusations, and do all that is possible to either dismiss or reduce the charges - or negotiate an acceptable deal. To date, we have successfully represented dozens of clients investigated for New York City medicaid fraud by various agencies. Use our efficiency and expertise to your benefit and call us today!