Is there a statute of limitation for medical and medicare fraud?

Asked almost 2 years ago - Colton, CA

a free lance home health anf hospice community service{one who markets for the agency to get referral money] and pays the person who refers to her the patients.that she cannot be charged of fraud because the incident happened in 2004.is this correct?

Attorney answers (2)

  1. Mansfield Collins

    Contributor Level 4

    Answered . This response is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes and is not a legal consultation. You must talk with an attorney of your choice before making any decision about your actual legal rights.

    California Code of Civil Procedure section 338, subdivision (1) requires that “[a]n action upon a liability created by statute” be brought within 3 years.

    For Medicaid and Medicare fraud, federal law establishes (1) a civil statute of limitations of six years (42 U. S. C. § 1320a-7a(c)(1)), and (2) a criminal statute of limitations of five years (18 U. S. C. § 3282).

  2. Edward Zaryl Kotkin

    Pro

    Contributor Level 11

    Answered . That answer can not be conclusively determined correct without further legal analysis. One important concept to consider when looking at a statute of limitations regarding fraud, whether In a criminal or civil context, is the date of discovery. A delayed date of discovery can allow initiation of a civil complaint by a private party or a criminal case by a government agency years after the statute of limitations would have otherwise run.

    Although your question seems to suggest a federal case, and may be well be best pursued in a federal court, California statutes of limitations are different from those provided above. There may be many state law aspects of your case that would allow its presentation in state court. That's important because state court can be faster and less expensive than federal court. Further, you don't need to spend a dime if you can successfully refer this case to a government agency with jurisdiction over what happened.

    The kind of activity that you are describing is called "capping" in the world of insurance fraud. There may also be chargeable conspiracies in your case. That's important for a number of reasons including the fact that conspiracy charges relate to an on-going course of conduct. It's unlikely that a "company" like the one you describe did what you describe just once.

    Bottom line is that no attorney can fully or confidently advise you on your rights and remedies as they may be restricted by a statute of limitations without a proper legal consultation. I recommend that you talk to alawyer with expertise in fraud investigation and prosecution California.

    When I respond to a question posted on Avvo, I provide information for a general purpose. In reviewing my answer,... more

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