Description

Health Care Fraud includes health insurance fraud, medical insurance billing fraud, HMO fraud, Medicare or Medi-Cal fraud. The definition of Health Care Fraud is to knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury under a contract of insurance, including cause or participate in a vehicular collision or claim theft, destruction or damage of a property or motor vehicle for the purpose of presenting a false claim, or multiple claims for the same injury, may be charged as a felony. Health Care Fraud is most commonly charged against health care professionals.

What does the prosecutor have to prove?

1. Defendant knowingly presented or caused to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance. or
1. Defendant aided and abetted in presenting or causing to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance. or 1. Defendant conspired to present or cause to be presented a false or fraudulent claim for payment of a loss or injury, including payment of a loss or injury under a contract of insurance.
2. Defendant did so with the specific intent to defraud.

Punishment

Felony: 2years/3years/5years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?No
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No