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Both the federal government and the state of Texas take healthcare fraud very seriously. No matter what type of medical fraud you've been accused of, you want to talk with experienced medical fraud attorneys as soon as possible.
What Penalties Are Associated With Medical Fraud Convictions?
Texas enforces the federal Civil Monetary Penalty Law (CMPL) and the False Claims Act, which can come with fines as high as $10,000 per violation. If a Texan is convicted of Medicare fraud, they can face more than 10 years in imprisonment, criminal fines, the forfeiture of assets, and supervised release once they are allowed out of prison.
According to the Texas Penal Code, healthcare fraud comes with a maximum five-year prison term and $10,000 fine for first offenders and $10,000 fines. For repeat offenders, the prison sentence goes up to 10 years. If drugs are involved, such as in pharmaceutical fraud, drug trafficking charges can get tacked on, and that means even longer prison sentences under either federal or state law, or both.
Other Penalties
It's common for those who are convicted of healthcare fraud to also lose their healthcare license. If a business commits healthcare fraud, they are usually ineligible to accept Medicare or Medicaid in the future.
Criminal Record
Under Texas law, what you're charged with will determine if you have a misdemeanor or a felony on your record. If the amount of the fraud, directly or indirectly, is anything less than $2,500, the charge is a misdemeanor of Class A, B, or C. Class A covers $750 to $2,499, Class B covers anything over $100 up to $749, and Class C covers anything less than $100.
Your criminal record will show a conviction for a state jail felony if the amount involved was over $2,500 but less than $30,000 or if it involved certain behaviors covered under Subsection (a)(11) of the penal code. This escalates to a third-degree felony if the amount is over $30,000 but less than $150,000 or if it can be shown that you submitted between 25 and 49 fraudulent claims. It becomes a second-degree felony with amounts between $150,000 and $299,999 or if more than 50 claims were submitted. Any monetary amounts or claim numbers beyond that will lead to a first-degree felony charge.
Contacting Experienced Medical Fraud Attorneys
As you can see, the potential penalties for healthcare fraud are serious and also vary depending on the type of fraud, who is doing the prosecuting, the monetary amounts involved, and the number of fraudulent claims made. You can expect the state and/or federal government to aggressively pursue prosecution, and they have virtually limitless resources. The only way to protect yourself in these situations is to work with experienced medical fraud lawyers. Learn more here about medical fraud attorneys in the Houston area who have extensive experience defending clients against all kinds of fraud charges.
If you've been accused of medical fraud, don't delay. Get someone on your side and pushing back as soon as possible.
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