If you learn that you’re under investigation for Medicaid fraud in Ohio, acting quickly can help protect your legal options. Understanding what to do at the first sign of trouble may improve your chances of resolving the investigation on the best possible terms. The earlier you respond, the more control you may have over the outcome.
First, you should understand what it means to come under investigation for Medicaid fraud, and how it differs from facing formal criminal charges. During an investigation, Medicaid officials, law enforcement, and Columbus prosecutors may suspect you of Medicaid fraud or consider you a person of interest. However, officials may not yet have enough evidence to establish probable cause to charge you with a crime.
A Medicaid fraud investigation may involve various government agencies, including state Medicaid fraud control departments, federal officials from the Centers for Medicare and Medicaid Services, or prosecutors from the state attorney general’s office. Officials may investigate various kinds of suspicious activity, such as billing errors, incorrect or inconsistent documentation, or alleged kickbacks.
You should not ignore the fact that you’ve come under investigation for Medicaid fraud or attempt to handle your case alone. Instead, you should contact a criminal defense lawyer to advise you in the inquiry. Cooperating with investigators without legal guidance may lead you to make statements or offer evidence that prosecutors may later use to charge you. Even if investigators classify their work as an “audit,” you should still seek legal counsel to protect your rights and interests.
Next, you should preserve and review all relevant records, including billing records, medical charts, application paperwork, and correspondence. Do not attempt to delete, destroy, or “clean up” documents, as doing so could lead to additional charges of tampering with evidence or obstructing justice. An attorney can help you review paperwork in your possession to understand the potential legal risks you could face.
During a Medicaid investigation, you may have to speak with officials, such as during an audit. However, you do not have to talk to law enforcement investigators, who focus solely on criminal offenses rather than on errors or overpayments in Medicaid benefits. Even if you must speak with officials, you still have the right to decline to answer questions that may incriminate you. Having an attorney to represent you means your counsel can negotiate the timing, scope, or format of interviews. Your lawyer can also sit with you during interviews to prevent you from making statements that may jeopardize your legal interests.
You may have options for resolving a Medicaid fraud investigation before it leads to formal criminal charges, such as:
A defense lawyer can review the facts and circumstances of your case to advise whether early cooperation with an investigation may help you pursue a favorable resolution, as opposed to taking a defensive posture and vigorously exercising your rights.
If law enforcement and prosecutors suspect you of making fraudulent statements to obtain Medicaid benefits or to secure reimbursement for services allegedly provided to a Medicaid recipient, taking prompt action can protect your rights during a criminal investigation. Contact McNamee Defense today for a confidential consultation with a knowledgeable Columbus criminal defense attorney to discuss your legal options.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.