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If you were accused of a fraudulent act involving health insurance, do not hesitate to enlist the services of a skilled legal professional from Berry Law. State law includes 13 different actions under the definition of a “fraudulent insurance act.” Furthermore, the penalties for a healthcare fraud conviction can vary significantly depending on many different factors.
In addition to helping you understand your charges, an Omaha healthcare fraud lawyer can also contest the prosecution’s allegations on your behalf by presenting clear and convincing evidence of your innocence. Help from a seasoned white-collar criminal defense attorney may be crucial to avoiding a conviction, especially in felony cases.
What Constitutes Healthcare Fraud in Omaha?
According to Nebraska Revised Statutes §28-631, healthcare fraud involves using deceit or deception to obtain insurance payments without proper cause. Other actions that could constitute healthcare fraud include:
- Presenting a false statement or helping someone else make a false statement to either support or deny a claim for payment
- Falsely claiming to be injured to receive insurance money
- Executing a contract known to be based on fraudulent information
- Taking money that was expressly designated to be spent on health insurance
- Embezzling, stealing, or otherwise depriving a health insurer of money or anything else of value
- Possessing or distributing fake insurance policies
- Participating in a “discount medical plan organization”
- Making false statements to the Department of Insurance
Furthermore, businesses and medical institutions in our area may commit healthcare fraud by:
- Misrepresenting patients’ conditions to receive additional Medicare funds
- Providing false information when purchasing workers’ compensation coverage
- Destroying or obscuring records of insurance transactions
A local attorney from Berry Law can help contest your healthcare fraud charges and refute any of these allegations.
Misdemeanor vs Felony Charges for Healthcare Fraud
When classifying healthcare and insurance fraud, state law differentiates between payments. Fraudulent activity involving health insurance is considered a Class IV Felony, which carries a maximum punishment of 2 years in prison as well as a $10,000 fine. There are a few exceptions to the penalties for health insurance fraud. For example, possession of a counterfeit health insurance policy or card is only considered a Class I misdemeanor.
When someone is accused of fraudulently obtaining insurance payments, the amount of money allegedly obtained will determine the severity of their charges. While offenses involving less than $1,500 are generally considered misdemeanors, any second-offense healthcare fraud charges involving over $500 are automatically elevated to a Class IV felony. Likewise, any alleged healthcare fraud scheme resulting in the unlawful transfer of over $1,500 is a felony offense.
In cases involving over $5,000 of allegedly defrauded value, healthcare fraud may be charged as a Class III felony, carrying a 4-year prison sentence with 2 years of post-release supervision, as well as a $25,000 fine. Anyone facing felony healthcare fraud charges in our area should reach out to a skilled Omaha lawyer for help building a strong defense.
Speak with an Omaha Healthcare Fraud Attorney Today
Healthcare fraud is taken extremely seriously in Omaha criminal courts. These offenses are often prosecuted as felonies, meaning you could lose certain rights upon conviction in addition to any fines and prison time. Even a misdemeanor conviction could have catastrophic consequences on your personal and professional lives.
While it is impossible to guarantee a positive outcome in any criminal case, hiring a skilled Omaha healthcare fraud lawyer could greatly increase your chances of reaching a favorable resolution. Call Berry Law today to learn more in a confidential consultation.
