Fraudulent Billing Defense
Florida Medicare Fraud and Medicaid Fraud Attorneys
Medicaid and Medicare are complex programs that confound even seasoned physicians and managers of large hospitals. Government prosecutors often ascribe criminal intent to honest billing errors or accepted industry practices. Providers are also implicated because of questionable practices recommended by consultants.
We have handled all manner of Medicare and Medicaid fraud allegations:
- Overbilling by use of the wrong ICD-9 codes
- Unbundling services or upcoding to increase claims
- Reimbursement for services not rendered
- Performing unnecessary procedures
- Fabricated claims for patients never seen
- Anti-kickback violations
- Conspiracy to commit medical billing fraud
The criminal defense trial lawyers of Charles B. Lembcke, P.A. have prevailed in major prosecutions alleging that our clients defrauded federal healthcare programs. We have won numerous jury acquittals and appeals in Medicaid/Medicare fraud cases throughout Florida. Arrange a consultation at (877) 355-5467.
Experienced, Effective Criminal Defense
Our firm represents doctors, dentists, and other medical professionals billing for Medicare/Medicaid reimbursements, as well as hospitals, HMOs and their administrators. We fully understand the implications — prison, civil RICO litigation, forfeiture, medical license sanctions, and suspension or preclusion from contracting with Medicare/Medicaid. We use every resource to aggressively challenge prosecution theories and demonstrate a lack of intent to defraud.
For example, we handled the appeal of a manager of reimbursement claims for Columbia/HCA who had been convicted of Medicare fraud over improprieties in cost reports. In a landmark case in the 11th U.S. Circuit Court of Appeals (United States v. Whiteside), we got the conviction overturned by showing that our client's construal of Medicare reimbursement regulations was a defensible interpretation of ambiguous and complicated rules. As a result of this decision, federal authorities now must prove that there are no competing interpretations when leveling fraud charges.
We have also defended cases in which consulting companies sell providers on purportedly compliant strategies for maximizing Medicaid/Medicare reimbursements. But the government often pursues fraud charges against the doctor or hospital rather than those taking a hefty consultant fee for pushing fraudulent theories. We demonstrate that the provider was not complicit in a conspiracy but merely relied on bad information in good faith.
Charles Lembcke and Karen Lippes are proven trial lawyers with over 50 years of criminal defense experience, and Mr. Lemcke is a former federal prosecutor who understands how the government thinks. These insights are invaluable in Medicare/Medicaid fraud defense. Contact our Jacksonville practice at (877) 355-5467.
