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Florida Prescribing Unnecessary Medications Lawyer

One important benefit offered through Medicare is the Part D program, which covers the costs of prescription drugs. A Florida physician will assess a patient’s needs and prescribe an appropriate medication, then submit documentation for reimbursement. However, the process of billing Medicare is prone to abuse by unscrupulous health care providers. The Centers for Medicaid & Medicare Services (CMS) reports that it makes up to $1 billion in improper payments for Medicare Part D annually, often based upon a physician prescribing unnecessary medications. The potential harm to the patient is considerable, but the ultimate cost of such misconduct is borne by taxpayers.

If you have knowledge about Medicare fraud, it is important to understand your options under the Federal False Claims Act (FCA). You may have legal remedies as a whistleblower and may be eligible for compensation for your efforts. Please contact Guttman, Freidin & Celler today to schedule a free consultation with a Florida Medicare fraud lawyer who can explain the details, but some basic information on prescribing unnecessary medications may be helpful.

Medicare Fraud Encompasses False Prescriptions

At its core, fraud is using deception to acquire a financial advantage or something of value. Health care providers engage in Medicare fraud by submitting bogus information to CMS when seeking reimbursement for medical services. The practice of prescribing unnecessary medications is fraudulent because the physician receives reimbursement from CMS, yet the drug should never have been ordered.

Writing fraudulent prescriptions is considered one of the most egregious forms of Medicare fraud due to how the scheming providers must cover the misconduct. The medication does not go to the patient, but it needs to disappear to eliminate the evidence. These prescriptions might be destroyed, but they can also bring a high price on the black market.

Compensation for Whistleblowers Who Uncover Medicare Fraud

If you know about a health care provider prescribing unnecessary medications, the FCA encourages you to expose it. Your efforts may enable CMS to recover improper payments, so you may be entitled to compensation through a qui tam lawsuit. Your Medicare fraud attorney will handle the legal details, but the case typically proceeds as follows:

  • After filing your case, the government has the option of intervening to pursue the defendant for writing unlawful prescriptions. If officials decline, you will move forward with the case as a qui tam plaintiff.
  • If the facts prove Medicare fraud, the defendant is liable for three times the amount cheated from CMS. Total monetary damages could reach into the millions.
  • An individual qui tam plaintiff may obtain 25 to 30 percent of the amount recovered, but you can still obtain 15 to 25 percent of the recovery if the government intervenes.

Call Now to Speak to a South Florida Medicare Fraud Lawyer

For more information on prescribing unnecessary medications and other types of Medicare fraud, please call 800.654.8281 to reach Guttman, Freidin & Celler or contact us online. We can set up a no-cost case review to discuss your options at our offices in Miami, FL.

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