OMIG Defense Attorneys
Audits of Medicaid program providers and recipients initiated by OMIG can result in criminal prosecution and Medicaid exclusion. Expert legal assistance is crucial when dealing with the New York State Office of the Medicaid Inspector General (OMIG). Joseph Potashnik and his fellow Medicaid fraud attorneys are eager to aid healthcare providers audited or investigated for Medicaid fraud, waste and abuse by the NYS OMIG.
About the NYS OMIG
The Office of the Medicaid Inspector General (OMIG) is a part of the NYS Dept. of Health that was created to ensure compliance with Medicaid laws and regulations.
The OMIG educates, coordinates, and investigates the State’s agencies, providers, and managed care entities about state law concerning Medicaid claims and payments. In the event that fraud or abuse is expected, it prosecutes and obtains repayment of wrongfully paid federal funds.
In furtherance of its mission to prevent fraud, waste, and abuse, the OMIG educates state agencies, providers, and managed care entities about proper Medicaid practices by developing educational training materials and programs. It trains all medical service providers on self-investigation techniques so that they may learn to self-identify areas of potential noncompliance or abuse. Toward that end, the OMIG has developed a compliance program that all agencies or individuals providing services funded by Medicaid must employ if they wish to continue to provide Medicaid services.
OMIG Investigates Allegations of Medicaid Fraud
The OMIG responds to and examines allegations that an agency did not attempt to prevent, to detect, or to prosecute suspected Medicaid fraud. It investigates allegations of actual fraud or abuse perpetrated by any individual or agency against a medical assistance program, a provider, a managed care program or an individual.
The OMIG Prosecutes Medicaid Fraud, Waste and Abuse
The OMIG conducts on-site facility and office inspections for evidence of abuse. In the course of its investigations, it has the right to remove documents, subpoena or demand records, and compel testimony.
If the OMIG has evidence of fraud or abuse, it may pursue civil and administrative enforcement actions against accused individuals or entities. Under the NYS law, the OMIG has the authority to pursue a variety of actions. It many do any or all of the following: refer an action to regulator agencies and licensing boards; withhold the payment of funds; impose administrative sanctions and penalties; exclude providers from program participation; recover improperly paid funds including seizing property or assets connected to improper payments; and refer suspected criminal activities to the Attorney General’s Medicaid Fraud Control Unit.
Investigated for Medicaid Fraud by the NYS OMIG?
Possible criminal penalties applied to those found guilty of Medicaid fraud include full repayment of wasted Medicaid money, a fine of up to $500,000 and up to 10 years of jail time. Besides, an unethical healthcare provider can be barred from ever taking part in Medicaid. What is more, Medicaid fraud charges frequently go with other crimes, like identity theft or insurance fraud, which can significantly build up criminal charges applied to the person.
In case you find yourself under audit or investigation, you should follow these steps:
1 Do not speak to the OMIG officials yourself. Any word you say may be later used against you if the case is passed to court.
2 Don’t delay the issue, it may cost you years of imprisonment and large fines. Start dealing with it as soon as possible.
Why Contact Us?
NYC Medicaid fraud attorneys from Joseph Potashnik and Associates will handle all interaction between the investigated person or entity and OMIG officials. They will guide the client through all stages of New York State OMIG audit and, if necessary, help them in Medicaid fraud criminal prosecution. Armed with decades of experience, our Medicaid fraud lawyers will do their best to reach a satisfying result.
We have handled over 100 OMIG investigations and audits. Here are just a few examples.
We represented a clinic owner who was originally investigated by the OMIG and later prosecuted in a multi-defendant case. The client was charged with masterminding a scheme to defraud Medicare and Medicaid out of over $50 mln.
The client was facing 15 years of prison time and a $12 mln fine.
Our lawyers managed to reach a plea agreement of 5 years of imprisonment and restitution of $8 mln.
Our client was charged with billing the federal government for unnecessary and non-existent services and equipment worth $15 mln.
The client was facing 10 years in prison, forfeiture of property, restitution.
We achieved a settlement of 5 years of jail time, 3 years of supervised release and restitution.
We provided legal representation to a healthcare provider in OMIG investigation for overbilling Medicaid on a complaint from a beneficiary.
If the case had been passed to the prosecutors, the client would have faced 3 years in prison and a $50,000 fine.
The investigation ended, as our OMIG defense attorneys managed to prove the OMIG that the client was innocent.
Ask legal counsel now!