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healthcare defense fda fraud investigations lawyers

June 30, 2020

There are many different ways the Food & Drug Administration takes care of the medical sector in the U.S. including overseeing the research and development of new medications. One of the areas of the healthcare industry that is of most importance to the FDA is the development of fraud investigations that can take many forms. Healthcare-related fraud investigations have recently become a major part of the work of the FDA along with the Department of Justice and the Department of Health & Human Services.

What is FDA Fraud?

The FDA investigates the many parts of the healthcare sector that can provide misleading or incorrect information to the attention of the public. A period of investigation is usually undertaken to allow federal prosecutors to discover the truth behind the claims made by certain healthcare brands. The FDA has been seeking new ways of investigating the different areas of the healthcare sector that have grown since the widespread introduction of the internet in the mid-1990s.

The FDA states fraud is one of its most important problems and a priority in the more than 40 field offices spread across the U.S. Fraud can take several forms in the healthcare sector including misleading claims made about the products that are available from certain distributors in the industry. Another form of fraud is the incorrect prescriptions being used for specific medical conditions that make it difficult for patients across the nation to address their medical problems. One of the most important areas of concern for the FDA is that of the rise in the use of dietary supplements that make incorrect or unsubstantiated claims regarding their use and success for users.

More than just Scams

The FDA has always been looking to target those who are involved in the misinterpretation of information across the U.S. healthcare sector. Most experts working in the healthcare industry believe the targeting of scams in the dietary supplements and medications sector is the most important concern of the FDA. However, FDA fraud investigations are taking place in a range of different areas with prescription distribution being one of the most important aspects of FDA fraud investigations.

The use of a range of investigative techniques makes it clear the FDA takes every possible fraud investigation as seriously as possible. For the FDA, the misuse of prescriptions has been one of the most important parts of the work it continues to undertake in the 21st-century. Doctors and pharmacists take part in the use of prescriptions that can often be subject to fraud when illegal kickbacks and medications are provided for those who do not exist. In the 21st-century, the various types of fraud are becoming more difficult for the FDA to identify with various types of fraud taking place across the U.S.

FDA Fraud Investigations take Traditional Routes

The FDA has been working with various traditional law enforcement agencies to take on the role of investigators for their fraud cases. The FDA operates 13 major field offices and 40 in total where it can undertake the many different cases that can quickly begin investigations in different areas of the U.S. By bringing together traditional investigative agencies, the people of the U.S. are being protected from the fraud that can take place in the medical sector.

Different Types of Healthcare Fraud

There are many different forms of FDA healthcare fraud that can take place in the U.S. which can be investigated by the Food & Drug Administration. One of the most important areas of FDA healthcare fraud that we commonly investigated is the large-scale compounding of medications that takes place in the U.S. Compound pharmacies are found throughout the U.S. and takes over the role of providing specialized medications when the original form of these have been discontinued or priced prohibitively for healthcare insurance providers to cope with. Kickbacks and hiking up prices can be included in the use of FDA fraud investigations.

Avoiding Investigations

Perhaps the most important aspect of avoiding an FDA fraud investigation is the use of education to make certain of the success of any pharmacy or medical practice in the eyes of the Food and Drug Administration. Assessments should be held at regular intervals that make clear the risk of an FDA investigation for each facility along with complete records kept for communications with the FDA.

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