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Healthcare Defense DME Fraud Defense Compliance Lawyers

June 30, 2020

DME, an abbreviation for durable medical equipment, is a very profitable area of today’s healthcare industry. As a result, it is coming under more scrutiny by federal prosecutors to weed out fraudulent activity. As more types of medical equipment have been developed in recent years, the industry now has many more regulations by which it must abide. However, even if a simple mistake is made by a staff member at a DME company, the business can find itself dealing with an early-morning raid conducted by the FBI, Department of Justice, and other federal agencies. Armed with search warrants, they may be throwing around such allegations as Medicare, mail, and wire fraud, illegal kickbacks, and much more. If this occurs, always hire a DME fraud defense compliance lawyer immediately to advise you throughout the investigation.

Mistakes Can Happen
In many of these investigations, those who find themselves being charged with DME fraud in fact had no intention whatsoever of doing anything illegal. Whether it is staff members of the company failing to stay abreast of the latest federal billing rules, the company’s failure to have a strong compliance program in place, or simply careless errors made during the billing process, these and other mistakes can lead to serious charges and penalties that are just as serious. From long-established DME companies to entrepreneurs who have been in business only a short period of time, chances are they may face search warrants, raids, audits of their records, and countless other things once fraud allegations are sent their way. Since these cases are handled very intensely by investigators and prosecutors, don’t think an innocent mistake or two will simply be forgotten. Instead, align yourself with DME fraud defense compliance lawyers as quickly as possible.

Why is DME Such a Target?
Though DME companies have been around for many years, they have only recently started to become big-time targets for the FBI and other federal agencies. In part, this is because these businesses are involved in many areas currently receiving top priority from law enforcement, including telemedicine and medical marketing practices. Since DME companies operate on many different levels within healthcare and business, mistakes can easily occur that result in fraud charges. If owners fail to properly defend themselves in these situations from the beginning, federal prosecutors may have enough time to build a case that results in a conviction and ultimately fines and time in prison. To avoid this scenario, hire a DME fraud defense compliance lawyer who is not intimidated by federal law enforcement authorities.

Anti-Kickback Statute
A federal law that prohibits such compensation structures as commissions, individual rewards, and percentage-based compensation from referring or directing federally-funded patients, the Anti-Kickback Statute plays a critical role in many DME fraud cases. Unfortunately, many DME companies use these types of payment structures, which is in violation of federal law. This, coupled with many DME companies not having written contracts with marketers, almost always catches the interest of federal investigators. Since these two practices are looked at by investigators as being non-transparent, the door is open to DME companies coming under much scrutiny regarding their business practices. Even if no wrongdoing is being attempted by a DME company, varying amounts of trouble can occur, which is why a DME fraud defense compliance lawyer should always be hired immediately to assist in resolving the matter.

Compliance Mistakes
Since many DME companies do not have adequate compliance programs in place, they often run the risk of being caught with numerous errors when it comes to billing Medicare. When this happens, federal investigators will be quick to arrive on the scene and begin scrutinizing each and every detail of the company’s financial records. Even if it is determined compliance failures were due to honest mistakes, large fines and long prison sentences may result.

Considered some of the most complex laws in all of healthcare, DME fraud and compliance cases should only be handled by lawyers who have extensive experience in this area. If you or your company is now being asked questions by the FBI and other agencies, schedule an immediate consultation with DME fraud defense compliance lawyers to ensure your rights are protected until the investigation is completed.

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