Experienced Durable Medical Equipment Fraud Defense Attorneys in Tampa, Florida
Since 1977, Trombley & Hanes, P.A., and its trusted Tampa criminal defense lawyers have provided full-service state and federal legal defense strategies for individuals and businesses in Florida and throughout the U.S.—including those being investigated for or charged with Durable Medical Equipment (DME) Fraud.
Durable Medical Equipment (DME) Fraud refers to illegal activities involving the billing and provision of medical equipment that is intended for long-term use by patients. DME includes items like wheelchairs, hospital beds, oxygen equipment, and other devices used in the home to aid in a better quality of life.
Allegations of fraud in this area can take many forms and often involve deception to obtain unauthorized payments from Medicare, Medicaid, or other health insurance providers.
Given the complexity and seriousness of DME fraud charges, the accused must seek experienced legal representation immediately upon learning they are being investigated.
Our dedicated durable medical equipment fraud defense attorneys in Tampa will analyze the evidence, identify weaknesses in the prosecution’s case, develop a comprehensive defense strategy tailored to the specific circumstances, navigate the legal and regulatory landscape, and advocate on our client’s behalf in court or during negotiations with prosecutors. Contact us today to learn more.
What are the Most Common Types of Durable Medical Equipment Fraud Cases?
DME fraud allegations are varied and they involve the misuse of public and private healthcare funds, leading to substantial financial losses for Medicare, Medicaid, and insurance companies.
Prosecutors and U.S. Attorneys approach these cases by highlighting how these types of fraud undermine the integrity of the healthcare system. They will focus on building their cases by showcasing how the fraud diverts resources away from patients who genuinely need medical equipment and services and contributes to higher insurance premiums and healthcare costs for everyone. These tactics resonate heavily inside the courtroom and must be countered with a customized legal defense strategy.
At Trombley & Hanes, our Durable Medical Equipment Fraud defense lawyers in Tampa handle cases throughout Florida and the U.S. where our clients are accused of:
- False Claims: Billing for equipment never delivered to the patient or billing for more expensive equipment than what was provided.
- Unnecessary Equipment: Providing or billing for equipment that is not medically necessary, often through fraudulent prescriptions or exaggerated patient diagnoses.
- Kickbacks: Receiving illegal payments in exchange for referrals of patients who required DME. This could involve healthcare providers, sales agents, or even patients.
- Identity Theft: Using stolen patient information to bill for DME that the patient or healthcare provider never ordered.
- Double Billing: Billing multiple insurance providers for the same piece of equipment or billing the same provider multiple times.
- Misrepresentation: Falsifying patient diagnoses or altering medical records to justify the need for DME.
- Upcoding: Billing for a higher-cost item than what was actually provided to the patient.
Defending against Durable Medical Equipment Fraud accusations involves demonstrating that our clients acted without intent to deceive and followed appropriate regulatory guidelines.
This defense can include presenting evidence of proper documentation, legitimate medical necessity for the equipment provided, and compliance with billing practices. We may argue that errors were unintentional or due to misunderstandings or at the advice of an expert or consultant rather than fraudulent intent when applicable.
Expert testimony, thorough audits, and the presentation of good faith efforts to adhere to legal standards can also support your defense. Additionally, procedural errors by the prosecution or investigative authorities can be challenged to weaken the case.
An effective defense requires a comprehensive strategy that addresses the accusations’ factual and procedural aspects. We can help. Contact our experienced DME Fraud defense attorneys in Tampa today to learn more about your legal rights and options to counter the claims against you using the best defense strategy possible for your case.
What Types of Durable Medical Equipment Fraud Clients Does Trombley & Hanes Represent?
Durable Medical Equipment cases can involve multiple parties, and various individuals and entities can be charged with this fraud—all of whom must establish an effective legal defense to avoid the significant consequences of a conviction.
At Trombley & Hanes, our Durable Medical Equipment Fraud defense lawyers in Tampa represent clients throughout Florida and the U.S., including:
- Clinic Owners and Operators.
- DME Suppliers and Manufacturers.
- Healthcare Providers.
- Medical Billing Companies.
- Patients.
- Pharmacists and Pharmacy Owners.
- Sales Representatives.
Individuals and entities involved in DME fraud can face severe legal consequences, including fines, restitution, imprisonment, and exclusion from participating in federal healthcare programs.
In addition, defendants may be subject to civil penalties under the False Claims Act, including treble damages (three times the amount of the fraudulent claims) and additional fines. Healthcare professionals may face disciplinary actions from licensing boards, including suspension or revocation of their licenses. They can suffer significant reputational harm, affecting their ability to operate in the healthcare industry. Do not leave your DME Fraud defense to chance.
Our Hillsborough County criminal defense attorneys bring a unique perspective to your case, with decades of combined experience at both state and federal levels. Our team includes a former Assistant United States Attorney, an Assistant Hillsborough State Attorney, and an Assistant Pinellas County State Attorney. This diverse background allows us to view your case from both sides of the courtroom, providing you with a significant legal advantage.
Contact Our Trusted Durable Medical Equipment Fraud Defense Attorneys in Tampa, Florida, for Help Today
When facing DME Fraud charges and the potential consequences of a conviction, you need a skilled Tampa criminal defense lawyer from the beginning. Do not let state or federal law enforcement intimidate you into providing a statement before you have an attorney to protect your best interests. You have the right to remain silent and to speak with an attorney. Invoke both and contact our trusted criminal defense lawyers in Florida, who have been producing actual results for real people for more than 110 combined years.
Contact us at 813-229-7918 or online to schedule a consultation to learn more.