Healthcare fraud is taken extremely seriously in Texas, and anyone who is facing healthcare fraud charges can be facing substantial monetary fines and imprisonment. Whether you are facing healthcare fraud charges as a healthcare provider or in another capacity, you should have an experienced Dallas fraud defense lawyer on your side. In the meantime, the following are five important things you should know about healthcare fraud in Texas.
1. You Can Face State or Federal Healthcare Fraud Charges
Healthcare fraud charges can be brought under Texas state or federal law. Accordingly, it is essential to understand whether you are facing state or federal charges—or both state and federal charges—when you begin preparing your defense.
2. Healthcare Fraud Charges Can Arise Under Multiple Statutes
You should know that healthcare fraud can be charged under a number of different statutes, both under Texas law and federal law. When healthcare fraud charges are brought under state law, they will be brought under the Texas Penal Code. Under federal law, you could be facing charges under the False Claims Act (FCA), the Anti-Kickback Statute (AKS), the Physician Self-Referral Law, the Civil Monetary Penalties Law, or the Exclusion Authorities. The statute under which you are facing charges will determine the specific elements that the prosecutor will need to prove, and thus will guide our defense strategy.
3. Healthcare Fraud Can Take Many Different Forms
In Texas, healthcare fraud can take a wide variety of forms, including but not limited to:
· Fraudulent or false billing;
· Using another person’s insurance;
· Impersonating a healthcare professional;
· Forging prescriptions; or
· Fraudulent healthcare marketing.
4. Penalties for Healthcare Fraud Are Severe
Penalties for healthcare fraud can be severe. Under Texas law, healthcare fraud can be prosecuted as a misdemeanor offense or a felony depending upon the circumstances of the case, meaning that a person can face a fine of $500 for a Class C misdemeanor up to a life sentence for a first-degree felony. Depending upon the specific federal statute under which a person is charged with healthcare fraud under federal law, a person can face years in prison and substantial fines of $250,000 or more.
5. You Need a Lawyer to Help Fight the Charges You Are Facing
Given the serious consequences of a healthcare fraud conviction—from the penalties associated with a sentence to the civil and social consequences that follow once a sentence has been served—it is essential to have an experienced defense lawyer on your side to help you fight these charges.
Contact a Texas Healthcare Fraud Defense Attorney Today
If you are facing healthcare fraud charges, it is critical to begin working with a healthcare fraud defense attorney as soon as possible. We have years of experience representing clients in a variety of state and federal fraud cases and we will tailor our defense strategies to meet the specific needs of your case. Do not hesitate to get in touch today to have one of our defense lawyers assess your case. Contact our office for more information.