Health care fraud in Oklahoma involves intentionally deceiving or misrepresenting information to receive benefits or payments you’re not entitled to. This can include a variety of actions such as making false claims, misrepresenting services, or charging more than what is allowed. The consequences are serious and can include both criminal and civil penalties. Here’s more on some important Oklahoma health care fraud laws, including defenses that might apply and why you should consult with a lawyer if criminally charged.
What Constitutes Health Care Fraud?
Under Oklahoma Statutes Section 56-1005, health care fraud encompasses a range of unlawful acts. These types of crimes may also be charged as federal crimes but depends on the circumstances of your case. The crime includes:
- Making false claims or statements to receive payments.
- Charging extra or accepting kickbacks for services covered by the Oklahoma Medicaid Program.
- Failing to maintain or destroying required records.
- Making false statements to qualify as a provider under the Medicaid Program.
Simply put, if you knowingly submit false information or claims to obtain Medicaid benefits, you’re committing health care fraud.
Penalties If You Are Convicted
The consequences of committing health care fraud are severe. They vary based on the amount of funds involved and the nature of the violation:
- If the fraud involves amounts over $2,500, it’s considered a felony with penalties including hefty fines and possible imprisonment for up to three years.
- For amounts less than $2,500, it’s a misdemeanor, leading to fines and up to one year in jail.
- Additional penalties include restitution to the Oklahoma Health Care Authority, payment of interest, and covering the costs of investigation and legal fees.
Your Rights And Defense Strategies
If you’re accused of this type of felony, understanding your rights and potential defense strategies is crucial. Lack of intent is a key defense; if you can demonstrate at trial or at your preliminary hearing that any wrongful action was due to a misunderstanding rather than a deliberate attempt to deceive, this could significantly impact your case. Insufficient evidence is another defense, challenging the prosecution’s ability to prove beyond a reasonable doubt that you intentionally committed fraud. Reliance on expert advice can also be used as a defense, showing that you acted based on the guidance of professionals, like billing experts or legal advisors, and believed your actions were legitimate. Lastly, procedural violations during the investigation, such as violations of rights or unlawful procedures, can be grounds for defense. Each case is unique, and an experienced lawyer can advise on the best strategy for your specific situation.
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The Importance Of Legal Representation
Facing health care fraud charges can be overwhelming. A knowledgeable defense lawyer can help you understand the charges, the potential consequences, and the best course of action. Tulsa Criminal Lawyers represents clients accused of health care fraud or other crimes in the state. If you’re facing a fraud charge, contact Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or reach out online for legal support.