If you are asking this question, chances are you are afraid you somehow got involved in Medicare fraud. Whether you got in this situation on purpose or by mistake there is information you need to know. Reports have revealed that about 10 percent of the money paid towards health care is paid to fraudulent claims every year.

What is health care fraud?

Health care fraud involves someone who uses falsehoods, deceptions, and lies when filing a claim. The intent behind the fraudulent claim is to gain profit that would not be received otherwise. Healthcare fraud can be committed by patients, health insurers, and healthcare providers. It’s considered a crime and usually addressed by federal and state laws.

What is it a mistake or done purposefully?

Mistakes are considered accidental improper payments or omissions. While fraud involves intentionally planning to use falsehoods for financial gain. Common mistakes include accidentally billing a patient for treatment they did not receive. Once the error is found you correct the issue immediately. Intentional fraud involves treating patients for procedures and treatments they do not need just for financial gain. This is not only against the law, but it has a negative effect on patients who think they have something wrong with them because of additional treatment and testing.

What are the penalties for committing Medicare fraud?

  • Prison – Depending on the state you committed the crime in, a lengthy prison sentence is possible. Usually, a false Medicare claim results in a five-year sentence per offense. This means if you have committed this crime multiple times, you can expect to be charged accordingly. Keep in mind that federal health care fraud usually results in a ten-year sentence for each individual offense. In addition, if the fraud results in serious bodily injury to a patient, you can be looking at up to twenty years in prison and if the fraud caused someone’s death, a life sentence can be possible.

As you can see Medicare fraud is a serious offense whether you committed it on purpose or not. If it truly was a mistake and you have taken measures to fix the issue, there might be a chance you can escape jail time. However, if you intentionally committed the crime, you definitely need an experienced professional attorney to defend you. If you have been arrested for Medicare fraud, contact us today for further assistance.


Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J.Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.