Nick Lotito & Seth Kirschenbaum

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Health care group faces Medicare fraud charges

Receiving adequate medical care is necessary for many people here in Atlanta and across the country. For the men, women and children who cannot travel to their doctors to receive treatment, organizations that provide in-home health care are a lifesaving necessity and offer valuable services for those who cannot benefit from traditional doctors' appointments at the office.

A health care company that offers in-home care and that operates in several states was recently charged with making fraudulent Medicare claims and collecting millions of dollars in unearned fees. Two individuals associated with the company - the company's chief executive officer and a doctor - were arrested in connection to the allegedly fraudulent conduct.

Fraud charges filed in the case allege that the CEO instructed doctors to use Medicare billing codes that yield higher charges even when services provided did not meet the requirements of those codes. Another charge alleges that the organization's care providers illegally certified patients as home-bound which can result in higher Medicare payouts.

While the two men facing criminal charges in this matter will fight an uphill battle in combating the accusations made against them and their employing company, they will have the opportunity to present the facts of their case when they go to trial. Though the results of a criminal trial are never guaranteed, federal prosecutors are required to make a case for each charge that they bring against an individual and that individual is entitled to defend himself against those charges.

When preparing their defenses, the two individuals accused of fraud charges in this story may employ the help of fraud defense attorneys to help them navigate the challenges of federal criminal court. With their futures on the line and serious charges looming, the assistance of legal professionals can make an important difference in working toward an acquittal.

Source: Chicago Tribune, "CEO of Chicago health care company, doctor, charged in fraud scheme," Jason Meisner, Aug. 27, 2013

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

918 Ponce de Leon Avenue, N.E. Atlanta, GA 30306 Phone: 404-692-5168 Fax: 404-872-1622 Atlanta Law Office Map