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Any time you are faced with a criminal investigation, it can be a complex and overwhelming experience. For those being investigated in the health care profession, it can be a downright scary time. Health care professionals can be investigated for a variety of reasons. It is important to remember not only your future, but your career could be on the line.
Health care organizations, health care professionals and other professional service providers need passionate, skilled and sophisticated legal assistance when they face a possible criminal investigation. The lawyers at Goldstein, Goldstein, Hilley & Orr in San Antonio have more than 40 years of experience representing individuals and business in criminal investigations at the state and federal level.
We are experienced in representing the health care professionals including doctors, nurses and pharmacy wokers. We represent clients in a wide range of health care investigations including fraud, drug crimes and tax evasion. Contact us at 210-226-1463 for a free phone consultation with an experienced criminal defense attorney at Goldstein, Goldstein, Hilley & Orr.
Health care is a heavily regulated field in which minor changes to law and policy can have serious financial implications on health care providers. When providers make close calls about billing and claims procedures, they may find themselves investigated for or charged with some form of health care fraud.
The attorneys at Goldstein, Goldstein, Hilley & Orr remain up-to-date on the changes in health care laws. They are experienced in defending clients and entity health care providers against criminal fraud allegations, including:
If you or your organization is facing health care fraud allegations, you need an attorney who understands the complexity of the health care field. We have the experience to identify and pursue all criminal defense opportunities in your case.
The federal statute for the "Distribution of Controlled Substances" is set out in 21 U.S.C. § 841 which provides that “[e]xcept as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally ... to manufacture, distribute, or dispense ... a controlled substance.” 21 U.S.C. § 841(a)(1).
An exception is set forth in § 822(b), which provides: Persons registered by the Attorney General under this subchapter to manufacture, distribute, or dispense controlled substances or list I chemicals are authorized to possess, manufacture, distribute, or dispense such substances or chemicals (including any such activity in the conduct of research) to the extent authorized by their registration and in conformity with the other provisions of this subchapter. Id. § 822(b).
Regulations promulgated by the Attorney General provide “that a prescription for a controlled substance is effective only if it is ‘issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.”’ United States v. Hurwitz, 459 F.3d 463, 475 (4th Cir.2006) (Citing 21 C.F.R. § 1306.04(a) and finding that “[t]he government's expert witnesses testified that a doctor who knowingly prescribed opioids to an addict or to a patient the doctor knew was selling the drugs on the street was acting outside the bounds of legitimate medical practice”).
To convict a medical practitioner under § 841(a)(1), the government must prove:
The courts have noted the lack of specific guidelines in the law concerning what is required to prove someone acted outside the usual course of professional practice. Instead, the courts engage in a "case-by-case analysis of evidence to determine whether a reasonable inference of guilt may be drawn from specific facts.” Id. A defendant's “good faith” generally is relevant to a jury's determination of whether a defendant acted outside the bounds of accepted medical practice or without a legitimate medical purpose. Id.
Therefore, a defendant cannot be convicted “if he merely made an honest effort to prescribe in compliance with an accepted standard of medical practice.” Id. at 476–77. Good faith in this context is an objective rather than subjective standard, meaning that “good faith is not merely a doctor's sincere intention towards the people who come to see him, but, rather, it involves his sincerity in attempting to conduct himself in accordance with a standard of medical practice generally recognized and accepted in the country.”
Investigations and criminal charges against professionals are a major aspect of the criminal defense practice at Goldstein, Goldstein, Hilley & Orr. Contact us today to talk to an experienced lawyer about your case. We represent individuals in heath care fraud investigations throughout the state and federal courts. Call 210-226-1463 for a free consultation.