William G. Yarborough

How physicians can avoid Medicare fraud charges

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Medicare provides a means by which older residents in South Carolina can procure a significant amount of health care coverage. Unfortunately, cases of health care fraud reveal that not every claim is legitimate. Some health care providers may deliberately commit fraud while others accidentally wander into it. Learning how to avoid critical mistakes becomes vital.

Poor billing practices and improper accounting can lead a physician into a fraud investigation. Many legitimate cases of Medicare fraud have involved billing patients for services never rendered. When the health care facility’s records aren’t reliably maintained, the perception of fraud may arise. The accused must then mount a defense to prove that sloppiness is the issue and not fraud.

Another common error involves billing after a license expires. Unfortunately, when avoidable errors occur, violations of the law might exist. Therefore, it becomes necessary to make sure every step follows appropriate rules. Poor oversight could create legal nightmares.

Poor supervision might also get physicians in trouble. Did the doctor supervise via telemedicine? If so, how does this impact Medicare billing? Alternatively, did the doctor appropriately supervise the care of a patient but failed to log performance effectively? Becoming too casual with proper documentation could lead to legal consequences.

Did the patient receive his or her medication? If not, then Medicare shouldn’t receive a bill for the prescriptions. Errors can occur where Medicare gets billed, and this type of faulty billing may lead a physician into a fraud claim.

Meeting with a criminal defense attorney might prove helpful when an individual is accused of health care fraud. An attorney may explain what is necessary to prove fraud beyond a reasonable doubt and then discuss defense tactics. If no fraud exists, an attorney may seek a dismissal. In other cases, the attorney might work a plea bargain deal. Doing so may lead to a lesser sentence on reduced charges.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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