The Penalties for Health Care Fraud in Texas

Facing health care fraud charges can threaten your professional life, reputation and personal freedom, and can lead to serious criminal penalties. Our team at Cogdell Law Firm, including renowned trial attorney Dan Cogdell, has dedicated over 40 years to defending health care professionals across Texas.

Our firm and attorney Cogdell have been at the forefront of health care fraud defense, garnering attention from major media outlets such as The Texas Tribune and Texas Monthly, and appearing on national news channels. His reputation as a formidable trial lawyer makes him a sought-after advocate for those facing serious legal challenges in the health care sector.

Understanding the Penalties for Health Care Fraud in Texas

Health care fraud charges can lead to severe consequences. Recognizing the potential penalties early is crucial in forming an effective defense strategy. Our team is well-versed in the nuances of health care law and defense tactics that can help minimize or avoid the following penalties:

• Jail time
• Steep fines
• Probation
• Exclusion from federal health programs
• Forfeiture of assets

The civil repercussions — such as the loss of medical licenses and irreparable damage to your professional reputation — can be just as devastating. Our attorneys work tirelessly to prevent these penalties from dismantling what you have built over your career.

Factors That Influence Penalties

Not every fraud case has the same punishment. A judge looks closely at factors like:

• Large monetary losses: The total dollar amount of the alleged fraud heavily influences the sentence.
• Involvement of vulnerable patients: If the scheme harmed or targeted elderly or disabled people, the punishment is much harsher.
• Use of sophisticated means: Complex or hard-to-uncover methods make the crime look worse to a court.
• Leadership role in the scheme: Directing or organizing the fraud carries a longer sentence than following orders.
• Obstruction of justice: Trying to hide or destroy evidence during an investigation increases the penalty.

When you are facing federal charges, you may also face trouble from the state of Texas. You must be ready for both.

State-Level Penalties

In addition to federal penalties, health care professionals may face prosecution under the Texas Penal Code. State-law penalties may include:

• Fines that can total hundreds of thousands of dollars
• Imprisonment in a state jail or prison
• Mandatory repayment to the state or victims

How Health Care Fraud Charges Affect Your Professional License

A health care fraud charge puts your career at risk — the professional consequences can be just as severe as the criminal penalties. Federal and state authorities have broad power to act against licensed professionals:

• License suspension: Boards can suspend your license during an active investigation or prosecution, preventing you from seeing patients or filling prescriptions.
• License revocation: A conviction can result in permanent license revocation, ending your ability to practice.
• Exclusion from Medicaid: State agencies can separately exclude you from Medicaid, compounding the financial damage.
• Exclusion from Medicare: The OIG can exclude you from Medicare. Any employer or partner that continues working with you after exclusion faces its own federal exposure.

These consequences are common and can be permanent. Acting before prosecutors file charges gives you the best chance of protecting your career.

What to Do If You Are Under Investigation

If officials contact you, act quickly and calmly. Preserve records, stop communicating about the matter with others and call our team. Attorney Dan Cogdell will review your situation, explain your options and represent you in talks with investigators.

How We Defend Health Care Professionals Facing Federal Fraud Charges

Federal health care fraud defense requires a focused, strategic approach. We engage at every stage, from the first sign of an investigation to the courtroom, and we provide:

• Early intervention: We engage before prosecutors file charges, giving us the best opportunity to shape the outcome.
• Responding to subpoenas: We guide your response to grand jury subpoenas and document requests to protect your rights.
• Internal investigations: We conduct privileged internal investigations to assess your full exposure and build a defense based on the complete picture.
• Negotiating with prosecutors: We work directly with federal prosecutors to pursue declinations, reduced charges or negotiated resolutions.
• Trial defense: When a case goes to trial, we bring a record of high-profile courtroom success to your defense.