When Can a Government Employee, Contractor, or Health Care Provider Be Charged with Stealing Government Property? Theft and embezzlement of government property are serious federal offenses. Both crimes carry the potential for up to 10 years of federal imprisonment, plus substantial fines, and it is not unusual for defendants to...Read more
On October 1, 2019, the U.S. Department of Justice (DOJ) Office of Public Affairs announced that the DOJ and the Department of Veterans Affairs Office of Inspector General (VA-OIG) have established a new joint task force that will focus specifically on targeting VA health care fraud. It is known as...Read more
If you are facing extradition to or from the United States, understanding what you can expect will be critical to making informed decisions as the process unfolds. Extradition is unlike any other legal process or judicial procedure, and successfully fighting extradition could mean the difference between remaining in your home...Read more
Medicare began providing coverage for genetic cancer screening (CGX) in 2018. While this was a positive development for testing laboratories, some labs that have been billing Medicare for CGX have run into compliance issues. If your testing laboratory bills Medicare for CGX, this article provides an overview of what you...Read more
More patients are coming to you every day asking about CBD oil and other cannabis-based treatments and medications. Here’s what you need to know in order to maintain federal compliance. When the federal Agriculture Improvement Act of 2018 (commonly known as the “Farm Bill”) was passed late last year, hemp...Read more
According to the National Institutes of Health (NIH), it is estimated that more than 5.5 million Americans may suffer from Alzheimer’s disease. Among other things, this means that diagnosing and treating seniors with Alzheimer’s disease presents a significant opportunity for neurologists, psychiatrists, geriatricians, and other health care providers to help...Read more
Health Care Fraud Involving Home Sleep Studies: What Do California Doctors and Service Providers Need to Know?
A recent trend in health care fraud enforcement involves private insurers and the federal government targeting doctors who recommend patients for home sleep studies (HSS) and HSS service providers. Currently, the insurance companies and federal agencies including the U.S. Department of Justice (DOJ) and the U.S. Department of Health and...Read more
In 2018, the Centers for Medicare and Medicaid Services (CMS) expanded Medicare coverage for continuous glucose monitoring (CGM). While this is good news for program beneficiaries who need CGM, billing compliance has proven to be a challenge for many pharmacies and other health care providers. When continuous glucose monitoring (CGM)...Read more
Why Should You Try to Prove “No Intent” in a False Claims Act Investigation or Other Federal Criminal Case?
In federal cases involving allegations of health care fraud and various other white-collar offenses, the difference between facing criminal charges and civil charges (or no charges at all) is often the element of criminal “intent.” If you are being targeted under a statute such as the False Claims Act that...Read more
When prosecuting a federal criminal case, a key aspect of the government’s burden of proof is establishing the requisite mens rea, or “criminal state of mind.” Unlike civil cases, in which evidence of intent generally is not required (although there are some exceptions), in criminal cases the government must necessarily...Read more