State and federal investigators often grow suspicious when they begin to see a pattern emerge involving multiple referrals between doctors or health care providers. There are actually laws, known as "anti-kickback statutes" that prohibit this type of behavior. The statutes also provide for exceptions by setting for "safe-harbor provisions" and what is known as STARK I and STARK II.
When an investigation involving referral kickbacks is undertaken, the financial records of a doctor, hospital or health care facility will be carefully analyzed for any evidence of financial impropriety. Additionally, investigators will review a doctor's bank accounts and tax returns in order to uncover any unreported income or assets that could have been acquired through referral kickbacks. When a doctor has an ownership interest in a clinic, or there has been a pattern of self-referral to a clinical laboratory in which the physician has an interest, investigators will subpoena the financial and billing records of the clinic in order to identify patterns they believe are indicative of referral kickbacks.
At the Law Offices of Horwitz & Citro, P.A., we work with experienced investigators and financial experts in defending doctors accused of referral kickbacks. To schedule a confidential consultation in order to discuss your case, contact an Orlando health care fraud lawyer today.
In cases involving allegations of referral kickbacks, investigators will need to review billing records and other financial information. Additionally, they will subpoena information regarding office visits and patient lists. If you destroy these kinds of records or attempt to keep them from investigators, you could be charged and convicted for obstruction of justice. Even if you are ultimately found "not guilty" on a charge of referral kickbacks, you could still be sent to prison for obstructing justice if you panic and destroy evidence.
Given the complexity of the CPT billing codes and other reporting requirements in health care, what is a perfectly legal procedure or relationship may look like fraud on paper. Our Orlando health care fraud attorneys understand how overzealous investigators and prosecutors can misconstrue billing codes, medical facts, and professional relationships for fraud and graft. Consequently, we understand the importance of protecting our client's rights and heading off unnecessary investigations early in the process. Towards that end, our lawyers explain the actions of our client while asserting their rights in order to redirect the focus of an investigation.
If you're facing charges of kickback referrals, contact health care fraud attorneys in Orlando at the Law Offices of Horwitz & Citro, P.A., and schedule a confidential consultation to discuss your case.
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