Houston Federal Home Healthcare Fraud Lawyer

Medicare is a federal healthcare program that benefits individuals who are over 65 or disabled. “Part A” of the program covers certain eligible home healthcare costs for medical services provided by a home healthcare agency (HHA) to beneficiaries requiring home health services because of an illness or disability causing them to be homebound. Home Healthcare Agencies that provide services to Medicare beneficiaries can file claims with Medicare to obtain payment or reimbursement for lawfully provided services.

The Medicare program only pays for home healthcare services if the patient qualifies for home healthcare benefits. A patient qualifies for home healthcare benefits only if:

• The patient was confined to the home and also referred to as homebound;
• The patient was under the care of a physician who specifically determined there was a need for home healthcare and established a “Plan of Care”; and,
• The determining physician signed a “certification statement” that contained all the required elements.

Clients associated with home healthcare programs are sometimes Investigated or charged with home healthcare fraud. Typically, the charge is Conspiracy to commit Healthcare Fraud, violating 18 U.S.C. Section 1349. In broad terms, the Government will allege that the accused conspired with others to execute a scheme to defraud Medicare by means of materially false representations in connection with the delivery of and payment for Medicare benefits, items, and services.

The Government will often allege that it was the purpose of the conspirators to enrich themselves by,

• Submitting false and fraudulent claims to Medicare;
• Concealing the submission of false and fraudulent claims to Medicare and the receipt and transfer of proceeds from the alleged fraud; and
• Diverting fraud proceeds for the personal use and benefit of the alleged conspirators.

Some Home Healthcare Programs engage in fraud. Indeed, most home healthcare programs do not provide legitimate home healthcare to homebound individuals. Sometimes honest, law-abiding home healthcare employees work for a company that has engaged in fraud, and the employee had no knowledge or involvement with the alleged fraud.  A nurse providing honest home healthcare services may be unaware that her employer is engaged in fraud.

I have defended many clients who have been investigated or charged with Home Healthcare fraud. These are very serious federal charges, and they must be taken seriously. The key to victory, in any case, is preparation and hard work. If you are under investigation or charged with home healthcare fraud and want me to represent you in federal court, call me at 713-655-7400.

A SUMMARY OF CRIMINAL DEFENSE ATTORNEY ROBERT FICKMAN’S CREDENTIALS

• Robert Fickman has been a criminal defense attorney in Houston for 40+ Years.
• Robert Fickman has handled over 300 Federal Cases.
• Robert Fickman has kept some clients from being charged in Federal Court.
• Robert Fickman has obtained the dismissal of some Federal Charges.
• Robert Fickman has gone to trial in Federal Court and obtained acquittals on all charges for some clients. In 2022, Robert Fickman went to trial in United States v. Rebolledo. Robert Fickman’s client was the ONLY client in the entire case to be acquitted on all charges.
• Robert Fickman has argued many cases before the Fifth Circuit Court of Appeals.
• Robert Fickman has had an AV Rating (the highest rating) with Martindale Hubbell for over 20 years.
• Robert Fickman has been named a “Texas Super Lawyer” since 2015.
• Robert Fickman is well-respected by his peers and has received numerous awards.
• Robert Fickman was the President of the Harris County Criminal Lawyers Association (HCCLA) from 2006-2007.
• Robert Fickman is a past Texas Criminal Defense Lawyers Association (TCDLA) board member.
• Robert Fickman serves on the HCCLA and TCDLA Strike Forces, where he is called upon to come to the aid of other criminal defense lawyers.
• Robert Fickman is an outstanding public speaker. Robert Fickman was on the National Association of Criminal Defense Lawyers “Best of 2010 Speakers”,  “Best of 2014 Speakers ” and “Best of 2022 Speakers Disc.”
• Robert Fickman was named “Mr. Declaration of Independence.” in the Texas State Bar Journal for his volunteerism.