In the state of Texas, drug crimes are taken very seriously. Harsh penalties can be anticipated for even the simplest cases of drug possession – and the consequences that can be faced for more serious drug crimes like drug trafficking …
Houston Federal Home Healthcare Fraud Lawyer
Medicare is a federal healthcare program that benefits individuals 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 in violation of 18 U.S.C. Section 1349. The Government, in broad terms, will allege that the accused conspired with others to execute a scheme to defraud Medicare by means of material 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. Certainly, 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 would like 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 38 Years.
- Robert Fickman has handled and won a vast array of cases in State and Federal Court.
- 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 he 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 Board Member of the Texas Criminal Defense Lawyers Association (TCDLA).
- 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” and “Best of 2014 “Speakers Disk.”
- Robert Fickman was named “Mr. Declaration of Independence.” in the Texas State Bar Journal for his volunteerism.