Healthcare Fraud Defense Attorney
Daniel Horowitz: Premier Healthcare Fraud Defense Lawyer
Healthcare fraud defense lawyer Daniel Horowitz specializes in criminal defense in federal courts from New York to Oakland and San Francisco. Few healthcare fraud defense groups have even a single attorney certified as a “Criminal Defense Specialist” by the State Bar of California (Board of Legal Specialization). Lawyers in Lafayette has three affiliated criminal defense specialists: Daniel Horowitz, Dan Russo, and Carmela Caramagno. Board specialization makes a significant difference in both medicine and criminal defense law. The best attorneys are recognized as “Criminal Defense Specialists” after meeting strict experience qualifications, undergoing peer review and judicial review, rigorous testing and advanced continuing education requirements.
A healthcare fraud lawyer must be an expert not just in criminal law, but also in healthcare law and medical issues related to medical fraud counts. Our group possesses this medical expertise along with the experience of over 500 jury trials conducted by the three criminal law specialists.
Why Choose Daniel Horowitz for Healthcare Fraud Defense?
Extensive Experience: Over 200 jury trials and a deep understanding of healthcare and medical fraud.
Certified Specialists: Three criminal defense specialists certified by the State Bar of California.
Comprehensive Expertise: In-depth knowledge of both criminal and healthcare law, ensuring a robust defense against healthcare fraud charges.
If you are facing healthcare fraud charges, trust the expertise of Daniel Horowitz and his team to provide you with the best defense possible.
Healthcare Fraud is Different from Financial Fraud
Our lawyers are often asked to explain how medical fraud differs from standard criminal fraud. This is an important question because healthcare fraud charges are often filed against doctors and medical practices that have not deliberately violated the law.
Are Kickbacks Legal?
Think of this “Are kickbacks legal?” Of course not. The minute you put the label “kickback” on the conduct the answer is obvious. The real question is what is a medical kickback? Can a PCP refer to a surgeon? Yes. Can that same surgeon refer to the PCP? Yes as well. And yet, depending upon their motivations this may be an improper referral. On a larger scale if a surgery center provides assistance to surgeons providing transportation for the surgeon's patients, high scale housing and restaurants when the surgeon commutes over 50 miles and stays for a week to do scheduled surgeries and the center handles the surgeon's paperwork, coding and provides supplies - is this good medical practice or kickbacks? What if the surgery center provides payments for marketing services and other contractual payments? See the Dr. David Payne case for some answers.
The Stark Law, Stark Law ancillary exceptions, the AKS (anti kickback law), the Federal Exclusion Statute, even worker's compensation fraud are often creatures of statute and are not inherently evil acts. This means that doctors facing criminal fraud charges are often shocked to learn that their innocent conduct may involve criminal consequences.
COMMON MEDICAL FRAUD STATUTES
What is the Stark Law?
The Stark Law prohibits physicians from referring Medicare patients for certain designated health services (DHS) to entities with which they or their immediate family members have a financial relationship, unless an exception applies and is met. Financial relationships include ownership, investment interests, and compensation arrangements.
Read Daniel's Blog Post on Why We Track Large Hospital Stark Cases
PHYSICIANS BEWARE - DON'T LEND YOUR NAME
They Follow Your Money – We Can Follow Their Money
Insurance companies provide funding to prosecutors. Special taxes on employers also support fraud investigations. This means there is a financial and emotional incentive for fraud prosecutors to file charges. The insurance companies become “crime fighting” partners to the district attorney white collar crime units. Medical practice management has many grey areas. Few white collar prosecutors have sufficient medical/medical billing/delegation of medical duty background to accurately assess the legitimacy of your conduct.
Many seminars are funded by insurance companies and some local prosecutors are “honored” with the opportunity to speak at those seminars to promote their careers. Prosecutorial objectivity is often compromised.
BIG PROFITS – False Claims Act, 31 U.S.C. 3729 (FCA)
The False Claims Act, 31 U.S.C. 3729 (FCA), is a federal civil fraud statute. The FCA allows healthcare fraud, medicare fraud, and false claim lawsuits to be filed by professional litigators, disgruntled former employees and others. They are called “relators” and they sue on behalf of a “defrauded” governmental entity. The incentive is a percentage of the final recovery.
The government can also file its own civil fraud claim.
Many times, a criminal case will follow shortly after the filing of one of these cases. Sometimes the False Claims Act filing with be parasitic and follow the filing of criminal charges. This is yet another expense that burdens a defendant. Fortunately, some insurance policies will defend against these claims.
Client Testimonials
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He is approachable but serious. Mr. Horowitz is the perfect balance of what someone wants in a lawyer. Not only is he approachable enough to gain and value your trust, but he's a bulldog in the courtroom. Despite his kindness, I have never once doubted his ability to provide me with THE BEST representation in court. I'm so thankful to have found a lawyer capable of such a delicate balancing act.Molly A.
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There are lawyers and then there are real lawyers. Dan Horowitz is a real lawyer in every since of the word. Dan is a Certified Specialist in Criminal Law. You will not find very many attorneys having such recognition especially one that hits on all cylinders as Dan. In addition to his knowledge of the law and his experience, which I found to be unmatched, i appreciated the fact that he at all times is genuine, which for me says it all. Thank you Dan.Cory N.
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I cannot express enough gratitude for the outstanding legal services provided by Daniel Horowitz. He not only possesses an in-depth understanding of the law but also demonstrated a genuine commitment to me. He took the time to listen attentively to my concerns, providing clear and concise explanations of the legal processes involved in my case. He made me feel heard and supported during this tumultuous time. What impressed me most was his unwavering dedication to achieving the best possible outcome for me. The attention to detail and strategic approach to my case were evident at every stage. I am eternally grateful towards Daniel for what he has done for me and I wholeheartedly recommend his services to anyone seeking legal representation. Thank you DanKento T.
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We have used Mr. Horowitz for over 10 years as our business lawyer. We have never had any problems. He guides us with great wisdom and caring.Albert J.