Question: Is Health Care Fraud Crimes criminally prosecuted in New Jersey as a regular robbery crime?
You can, New Jersey right now has a number of laws specific to health care claims fraud. The idea is that these crimes have a broader scope and for the much more severe penalties than ordinary crimes of theft. The threshold of proof is much lower, so that prosecutors have much easier time before having their cases. From now on New Jersey health care fraud is a crimeleads to the second stage, that up to 10 years imprisonment with heavy fines. In addition, of course, you can be charged and tried for free with other fraud and theft offenses in addition to health care fraud.
Question: Who is the "practitioners of medical care" that can be with New Jersey health care fraud is collected?
Under NJSA 2C :21-4 .2 "practitioner" means any person in New Jersey or any other jurisdiction license to practice medicine and surgeryChiropractic, podiatry, dentistry, optometry, psychology, pharmacy, nursing, physical therapy, or the law, and any other person licensed, registered or certified by a state authority to practice a profession or occupation in the U.S. state of New Jersey.
Question: What exactly is "health fraud" in New Jersey?
NJSA 2C :21-4 .2. defines "health care claims fraud", as citizens, or caused to be, a false, fictitious, fraudulent or misleading statement of material, in fact, or Omitting a material fact from, or arose out of a material fact is omitted, any record, bill, claim or other document, in writing, electronically or otherwise, that a person tried to present, makes the Cause to be submitted, or have tried to which would constitute for the payment or reimbursement shall be submitted for the healthcare industry.
Q. May New Jersey Health Care Fraud inferred?
Yes. In fact, the right to close the Constitution Court in certain cases that> Doctor of fraud. This has to do generally with false statements or fraudulent claims. Serve signing a fraudulent statement or claim is merely a proof can.
Q: Does it matter how much money stolen?
It does not matter. No matter what the amount of the claim or benefit, except if it is "de minimis, New Jersey health care fraud is a crime of second degree.
Q: What will prove to the state conviction?
In order to convictDefendant in a New Jersey healthcare fraud case must prove prosecutors:
1. That the defendant was a practitioner;
2. That the defendant is false, deceptive or misleading statement of material, in fact, or omit a material fact from any record, bill, claim or other document, in writing, electronically or otherwise made;
3. The fact that the defendant attempted to make, made, caused to be submitted, or attempts to cause to be submitted to the record, invoice orEntitled to payment or reimbursement for health care;
4. That the defendant acted knowingly.
Question: What are the financial consequences of a conviction on the defendant?
If they are convicted, the doctor may be ordered to pay a fine of up to five times will be paying the financial benefit obtained or sought sought. That's obviously not include jail time.
Question: What happens if the doctor requires, Healthcare Claims fraud without knowledge?
AfterNJSA 2C :21-4 .3 (b) if the physician required to ruthlessly Health crimes without actual knowledge, he may be guilty of a third degree. The question is, what constitutes "reckless". The law stipulates that a "conscious disregard of a substantial and unjustifiable risk that the material element exists or will result from his conduct." The State must prove that the risk was so that the disregard of the doctor it was a gross deviation from theStandard of conduct that a reasonable person would not assume in the situation of the defendant.
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