Federal Healthcare Fraud Statute of Limitations 2024

Healthcare fraud is a grave offense that may result in various consequences depending on the severity of the allegations. Minor offenses may lead to hefty fines, while more severe allegations could result in imprisonment. Understanding the various federal healthcare fraud statutes of limitations is essential for defending yourself. A Miami federal defense attorney can guide you through the complexities of healthcare fraud charges and help protect your rights.

The Law Offices of Barry M. Wax, Miami’s trusted defense attorney, ensures dedicated representation for your criminal case. Let us fight for your rights—reach out today for a confidential consultation.

What Is the Statute of Limitations for Healthcare Fraud?

Statutes of limitations are created in all different areas of the law. They set the maximum period of time a plaintiff has to pursue legal charges after an alleged criminal event took place. Within the context of healthcare fraud, there are typically six years to file a claim from the date when the offense was committed. Once this six-year period has expired, all defendants are generally protected from being prosecuted ever again for the specific healthcare fraud allegation.

This six-year period is established federally under the False Claims Act (FCA). This is a federal law that was designed to target anyone who has allegedly submitted false claims for payment to different healthcare government programs such as Medicare and Medicaid. While this federal law has been instrumental in collecting billions of dollars in fraudulent claims across the country, being accused of violating this act does not automatically mean a guilty verdict will ensue.

Exceptions to the Statute of Limitations

There are a few different instances where the six-year statute could be extended based on specific events that happened within a healthcare fraud case. When any of these events happen, it gives the government more time to prosecute their case. While the defendant would no longer be protected under the six-year rule, they still are provided the extra time to work with their criminal defense attorney to collaborate on their defense strategy.

• Fraud concealment: If there is proof that any act of fraud was intentionally concealed, the statute of limitations could be extended to the point at which the fraud was actually discovered. The federal government recognizes that it takes time to suspect fraudulent activity and, therefore, will not penalize someone wanting to pursue healthcare fraud charges for not noticing someone’s cover-up. This is known as the discovery rule.
• Conspiracy to commit healthcare fraud: When there are multiple parties involved in committing healthcare fraud, rather than just a sole bad actor, this could also extend the statute of limitations. The thought is that when there are multiple individuals in a conspiracy it can be harder to detect that fraud is going on. The statute of limitations clock will start running based on when the last overt act of fraud was committed.

Why Is the Statute of Limitations Important?

A statute of limitations is a well-established concept in the American legal system that was built to safeguard anyone accused of criminal activity. It helps to ensure that defendants are not subjected to the threat of criminal charges for the rest of their lives. Preserving evidence is another fundamental reason why these rules were established, as over time, evidence can be lost, and memories can fade. All of this can make criminal charges less credible.

For anyone who has been accused of committing a crime in United States, it’s important to be aware of all these different time constraints that exist. These timelines are critical to understanding how to help build a strong defense case. If any charge has been brought to your attention after a statute of limitations has expired, you can hire a defense attorney to file a motion and have the case dismissed. This can help you avoid an unnecessarily long and costly trial.

FAQs About Federal Healthcare Fraud Statute of Limitations

Does the US Healthcare Fraud Statute Enforce Anti-fraud?

There is a US Healthcare fraud statute designed to combat any anti-fraud activity, especially as it pertains to government healthcare programs like Medicare and Medicaid. This is called the False Claims Act (FCA) which gives authority to the federal government to take legal action against anyone they believe is knowingly submitting false claims to make quick money. Other laws, like the Anti-Kickback statute and Stark Law, also address healthcare fraud.

What Are the Consequences of Medical Billing Fraud?

Anyone found guilty of medical billing fraud can face a number of civil and criminal penalties. This can include any combination of fines, jail time, or being excluded from government healthcare programs. Under the False Claims Act, anyone found guilty for healthcare fraud could be required to pay up to three times the amount of money they unlawfully requested to help deter the individual from engaging in this criminal activity again.

How Does the Government Investigate Healthcare Fraud?

The government investigates healthcare fraud through a number of different audits, whistleblower reports, and data. Through these sources of evidence, the government is looking to detect activity like unusual billing patterns, evidence of overpayments, or any other activity that is outside the norm of regular business. Depending on how complicated the allegations are, it can take anywhere from months to years for the government to uncover and prove fraud.

Can a Healthcare Provider Defend Against Fraud Charges After the Statute of Limitations Expires?

Healthcare providers are able to use the statute of limitations as evidence in their defense case. In many instances, it will be the only piece of evidence needed, as this rule will trump any other evidence the prosecution might have. It gives a defense attorney the legal authority to file a motion to dismiss the case entirely. Unless the prosecution has evidence that suggests an exception applies to this rule, a defendant is protected from the allegations.

Federal Healthcare Fraud Attorney

If you have recently faced allegations of healthcare fraud, you need to have an experienced criminal defense attorney on your side. At The Law Offices of Barry M. Wax, we have a strong understanding of the statute of limitations as it relates to healthcare fraud charges and will use all of these legal regulations and tools to help protect your interests. Contact us today to learn more.