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Grand Rapids Healthcare Fraud Lawyer
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Grand Rapids Healthcare Fraud Lawyer

Defining Healthcare Fraud in Grand Rapids

At SBBL Law, we are dedicated to defending you against a wide range of healthcare fraud charges, including:

  • Upcoding. This occurs when a healthcare provider overbills a person’s insurance company for a procedure that has taken place. In these cases, the provider will be paid a higher amount than they are actually supposed to receive. This causes an insurance company or public program to pay higher rates than they should.
  • Billing for services not provided. When an insurance company is billed for a medical service, supply, or procedure that was not actually provided, this is considered billing for services not provided, and it is a type of healthcare fraud. These cases will typically involve a vast amount of falsified paperwork, which could lead to further charges. Alternatively, the provider may bill for a service they cannot bill for because they did not spend the required minimum amount of time with the patient to bill for that code.
  • Kickbacks. Criminal healthcare fraud charges were brought against 193 persons across the United States recently, according to a report put out by the U.S. Department of Justice. Some of these charges involve kickbacks, which occur when there is a payment, offer, or receipt of compensation in exchange for referrals to services paid by government healthcare programs, like Medicare or Medicaid. Compensation from a kickback can include a gift or cash.
  • Unnecessary or excessive services. A medical provider may prescribe excessive medical tests or medications. Sometimes, they request a certain procedure be done when such actions are not warranted. In these cases, they may be doing so to gain a profit, and the provider may be charged with healthcare fraud. This kind of healthcare fraud almost always has a tangible victim, and the patient involved could suffer serious physical harm from an unnecessary procedure.
  • False diagnoses. In some situations, a healthcare provider may make a false diagnosis of their patient, which calls for specific tests and procedures billed to the patient’s insurance to gain a profit.
  • Phantom billing. This is similar to billing for services not provided, but it involves receiving money for services, procedures, or tests that were supposedly administered but never actually took place. This crime often involves the falsification of medical records, which can bring about claims of other types of fraud.
  • Unbundling. There are certain procedures that are required to be billed under a single billing code as a “bundle,” and when these procedures are separated into multiple billing codes, that can result in overbilling the insurance company.

Healthcare fraud is one of the most complex areas of fraud in Grand Rapids and beyond. In an area bursting with a vibrant and nationally renowned medical industry, many providers find themselves the subject of healthcare fraud allegations. During these times, it is crucial that you work with an attorney who knows how to defend against these accusations effectively.

Challenging an Allegation of Healthcare Fraud in Michigan

At SBBL Law, we have handled countless healthcare fraud cases over the years in both state and federal court, so we know how to defend you against these charges. Common defenses against healthcare fraud allegations include:

  • Lack of intent. There were real errors in billing and any mistakes in billing were not made intentionally.
  • Challenging the evidence. Any evidence brought forward by the prosecution, like billing documentation or patient records, will need to be heavily reviewed by your Grand Rapids criminal defense attorney. At SBBL Law, we will examine this evidence, challenge its legality, and ultimately show weaknesses in the prosecution’s case.
  • Proving good faith. Depending on the nature of your case, your attorney may argue that you were acting in good faith and believed you were acting under the law.
  • Constitutional rights violation. The evidence in your case may have been illegally obtained through an unlawful search and seizure. Perhaps you were coerced into making incriminating statements. If so, this evidence may be suppressed.
  • Accepted practices. Professionals in your field may give expert witness testimony to justify your actions or prove that you were only acting within the bounds of the law.
Michael Bartish

Criminal Defense Attorney, Partner
616-458-5500

Team Leader

Gary Springstead

Criminal Defense Attorney, Partner
231-924-8700

Team Leader

Heath M. Lynch

Criminal Defense Attorney, Partner
888-915-8064

FAQs

Will I Lose My Medical License for a Healthcare Fraud Charge in Michigan?

Yes, sometimes a provider’s license will be suspended or revoked by the licensing board whether or not there is a conviction. In Michigan, healthcare licenses are overseen by Licensing and Regulatory Affairs (LARA), which can launch an investigation whenever it receives a complaint by any person or agency of alleged misconduct by a healthcare professional. LARA will then conduct its own investigation, which may result in a recommendation to suspend or revoke the person’s license. The person can provide evidence in their defense and attend a hearing to attempt to keep their license. Having an attorney familiar with both processes is crucial to minimize consequences both on the criminal and professional licensing side.

Can I Go to Jail for Healthcare Fraud?

Yes, if a person is convicted of healthcare fraud, it is possible that the sentence will include some amount of jail or prison time. In federal cases, 73.6% of individuals convicted of healthcare fraud are sentenced to some form of incarceration. A skilled attorney with experience defending against healthcare fraud charges can help reduce or even eliminate the potential sentence.

How Can a Healthcare Fraud Attorney Help Me in MI?

When you are facing allegations or charges of healthcare practice in Michigan, especially in large medical areas such as Grand Rapids, it is important to have an attorney on your side. An experienced healthcare fraud attorney will review your case, go over the alleged evidence, negotiate with the prosecutor, and use their knowledge of the relevant law to build you a defense that can stand against the prosecution’s case.

How Long Can It Take to Process a Healthcare Fraud Case in Michigan?

How long it may take to process a healthcare fraud case in Michigan will vary. Several factors typically involved in these cases can affect their overall timeframe. These include the case’s complexity, the strength of the evidence, your attorney’s skills and experience, and the availability of the courts. In Grand Rapids, healthcare fraud cases typically take approximately 6-12 months from the start of the investigation to the issuing of charges, and another 6-12 months from the time charges are issued until the end of the court case. This timeline can be extended if there are significant motions, co-defendants, or a complex trial.

What Can Happen If a Healthcare Fraud Act Causes Serious Injury to a Patient?

If a healthcare fraud act is committed in Michigan, such as rendering an unnecessary service or procedure to a patient who does not need it, it could injure or even kill that patient. If an injury occurs due to healthcare fraud, the defendant may be prosecuted federally and face up to 20 years in prison

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Contact SBBL Law

If you are charged with healthcare fraud, do not try to handle the legalities of your case on your own. Instead, turn to the team at SBBL Law, and let us fight for your rights. Contact our offices today to learn more about our legal services.

Where We Practice

Our criminal lawyers represent clients in nationwide federal criminal cases and Title IX investigations, and we regularly appear in courts throughout Michigan:

  • U.S. District Court for the Western District of Michigan (federal court in Grand Rapids, Kalamazoo, Lansing, Marquette)
  • U.S. District Court for the Eastern District of Michigan (federal court in Detroit, Ann Arbor, Bay City, Flint, Port Huron)
  • Kent County (Greater Grand Rapids, Walker, Wyoming, Kentwood, Grandville)
  • Newaygo County (White Cloud)
  • Ottawa County (Hudsonville, Holland, Grand Haven)
  • Allegan County
  • Barry County (Hastings)
  • Muskegon County
  • Oceana County (Hart)
  • Mecosta County (Big Rapids)
  • Ionia County
  • Montcalm County (Stanton)
  • Clinton County (St. Johns)
  • Gratiot County (Ithaca)
  • Eaton County (Charlotte)
  • Ingham County (Lansing, East Lansing, Mason)
  • Jackson County
  • Calhoun County (Battle Creek)
  • Kalamazoo County
  • Van Buren County (Paw Paw, South Haven)
  • Mason County (Ludington)
  • Lake County (Baldwin)
  • Osceola County
  • Berrien County (St. Joseph)
  • Washtenaw County (Ypsilanti, Ann Arbor)
  • and elsewhere throughout Michigan.

If you or someone you know is looking for a criminal defense attorney, call now for a free consultation (616) 458-5500 or (231) 924-8700 or connect with us online.

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