Compound Pharmacy Fraud Defense Lawyers
Compound pharmacies serve a critical role in society. By making patient-specific drugs on a case-by-case basis, they offer patients the ability to receive treatments and medications they wouldn’t otherwise be able to obtain. From reducing dosages of adult medications for children to engineering analogous drugs without ingredients to which patients are allergic, compound pharmacies can even help fulfill local needs in the face of drug shortages.
Recently, the practice of compounding has been on the rise. As with most things, as compounding has become more prevalent, it has also drawn the attention of federal health and law enforcement agencies. Numerous government agencies are working with federal prosecutors to crack down on compound pharmacy fraud, and pharmacy owners accused of engaging in fraudulent practices are facing steep criminal penalties. If you have been accused of compound pharmacy fraud, you need an experienced criminal defense attorney on your side.
Experienced Lawyers for Compound Pharmacy Fraud Defense
Oberheiden, P.C.’s federal criminal defense lawyers represent compound pharmacies nationwide. We have decades of experience obtaining favorable results for pharmacies and other entities in the health care industry, and we rely on prior experience as federal prosecutors and fraud examiners to obtain the best possible outcomes as quickly as possible.
Being accused of a federal crime is serious business, and it will take years of experience and extensive knowledge of the federal legal system to clear your name.
Common Allegations of Compound Pharmacy Fraud
Compound pharmacies face strict oversight not only from the Office of Inspector General of the Department of Health and Human Services (OIG) and the Department of Justice (DOJ), but from the Drug Enforcement Agency (DEA), the Federal Bureau of Investigation (FBI), and other federal and state governmental agencies as well. If drugs are involved the government wants to know about it, and this leads to an incredible amount of visibility and exposure for pharmacies across the country.
As a result, when pharmacies and their employees make mistakes, they often find themselves facing serious allegations from law enforcement officers and federal prosecutors. This includes allegations relating not only to drug crimes, but often to various forms of Medicare and health care fraud as well. Some of the most common fraud-related charges against compound pharmacies include:
- Billing Medicare and Medicaid for compound prescriptions that are not medically necessary
- Billing Medicare and Medicaid for unapproved compounded medications
- Falsely marketing compound drugs as FDA-approved medications
- Falsifying records to support reimbursement claims submitted to Medicare and Medicaid
- Offering kickbacks and bribes to physicians in exchange for prescriptions and referrals
- Overbilling for compound prescriptions
- Violating Good Manufacturing Practice (GMP) regulations and billing Medicare or Medicaid
Fighting False Accusations of Health Care and Medicare Fraud
With the passage of the Affordable Care Act (also known as ObamaCare), the federal government now has access to enhanced tools for combating Medicare fraud and other illegal practices in the pharmaceutical and health care industries. Unfortunately, the use of these new tools which rely on computer analytics rather than human intelligence has led to an increase in false accusations. These false accusations can cause significant damage to pharmacist’s businesses and reputations.
To ensure that the government’s actions cause as little harm as possible, it is critical that you speak with an attorney as soon as possible. At Oberheiden, P.C., we are regularly successful in defending clients during government investigations with the result of no charges being filed.
Understanding the Risks of Compound Pharmacy Fraud
Of course, along with the business and reputational risks noted above, individuals convicted of Medicare fraud, health care fraud, or violations of the False Claims Act face severe criminal penalties as well. Under the federal health care fraud statute, 18 U.S.C. Section 1347, the most serious offenders can face millions of dollars in fines and potentially life behind bars. Even in less serious cases, compound pharmacy operators who are convicted of Medicare fraud can face potentially-bankrupting financial penalties and years of imprisonment.
Speak with a Compound Pharmacy Fraud Defense Lawyer about Your Case Today
At Oberheiden, P.C., we make it our mission to ensure that none of this happens to you. We are passionate about helping our clients, and when you work with us you can rest assured knowing that you have decades of experience on your side. To get started with a free, confidential case evaluation, please call (888) 727-0472 or contact us online today.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.