EXTENSIVE EXPERIENCE DEFENDING SOBER HOME CASES
Breaking news/blog update: JURY FULLY ACQUITS CLIENT IN PATIENT BROKERING CASE
Palm Beach County Sober Homes Task Force
In 2016, a Palm Beach County sober homes task force was established to address the growing problem of unscrupulous addiction recovery and treatment/drug rehab home operators. The Fifteenth Circuit State Attorney, Dave Aronberg, leads the Addiction Recovery Task Force. The opioid crisis led to record-setting takedown operations and widespread patient brokering investigations.
Patient Brokering Defense Expertise
As of August 2022, the State Attorney reported 121 arrests, 107 convictions, 2 guilty verdicts and 2 not guilty verdicts. Out of those two acquittals, Ron Herman is responsible for winning one of them! Ron is proud to have secured a complete acquittal for his client who was facing 25 patient brokering charges and 125 years. The Palm Beach Post covered Ron’s high profile case that was tried in front of Palm Beach County Circuit Court Judge Kirk Volker, with Assistant State Attorney Justin Chapman and Monique Wilson prosecuting the case. The Sober Homes Task Force is led by Chief Assistant State Attorney Al Johnson.
Reporters frequently seek out Ron for his insight on major cases, such as the other patient brokering acquittal by a drug recovery center CEO who was facing 119 felony charges. The South Florida SunSentinel interviewed Ron for its front page story by the veteran reporter, Marc Freeman (now with the State Attorney). Ron explained what’s at stake in that case that “prosecutors say is one of the most significant cases from a mission to target fraud among the region’s drug-addiction recovery businesses.”
Ron also secured a favorable resolution for another client, a lab owner accused of patient brokering. The Palm Beach Post and SunSentinel covered this high profile case that started with a raid by the Palm Beach County Sober Homes Task Force. Ron’s skilled advocacy on behalf of his client allowed this hardworking businessman to put this incident behind him and to continue being a contributing member of the community.
Published Author on Florida Patient Brokering Act
In 2019, the Florida Patient Brokering Act was amended, leading to more confusing among the industry. Ron authored an analysis of the amendment and his article “Florida Health Care Providers Potentially in Peril When Seeking Patient Referrals” was picked up and published by the Daily Business Review. The Daily Business Review is a respected media company, covering legal stories in South Florida. As Ron explained in his Daily Business Review article, patient brokering laws are complex and Florida lawmakers kept trying to get it right. The law was later amended again to try to resolve some of the confusion that Ron criticized in his article.
Florida Patient Brokering Act
The Florida Patient Brokering Act is a Florida statute that makes it a felony for any person to engage in patient brokering. Patient brokering is described as a recovery treatment center paying a third party for referring patients to the treatment center. The government has been cracking down on sober homes that authorities claim often only operate as recovery residences to fraudulently bill insurance companies for unnecessary treatments, lab tests and assessments. Those who violate the
Patient Brokering Act can face serious fines up to $500,000 and felony charges. These kickbacks are payments, commission, or various forms of remuneration to people who referred patients with insurance coverage to a facility, such as a sober home. What may be legitimate marketing and business development in other industries, in healthcare and in addiction recovery services could be illegal. Sober home owners and other healthcare professionals and management should know the law at the center of the opioid crisis and sober home crack down, so that they don’t run afoul of it.
WHAT IS AN ILLEGAL KICKBACK?
Click below to watch Ron explain what are illegal kickbacks:
•Concert or Sports Event Tickets •Gift Certificates •Gym Memberships
•Clothing •Rent/Rent Subsidies •Plane Tickets •Cigarettes
This list is not entirely comprehensive; however, anything given in exchange for referring patients is generally considered patient brokering.
While taking a concert ticket or a gift certificate in exchange for a referral might be allowed in many lines of work, the law is entirely different when it comes to healthcare facilities and professionals. Even if you did something that felt completely normal, or you didn’t know what you did was even illegal, you need to consult a professional immediately if you are suspected of receiving or distributing an illegal kickback.
One of the traps many fall into when they are suspected of a crime is not hiring a lawyer because it makes them “look guilty.” This is especially true when it comes to patient brokering clients, as they often don’t even know they did something illegal, so they let everything spiral by trying to ignore what is happening around them. Even more importantly, as Florida cracks down on patient brokering, there are bound to be some innocent people charged in their efforts to break down the patient brokering going on in their state. We are here to fight for you every step of the way.
WHY CHOOSE HERMAN LAW, P.A.?
•Top Rated. 2020 Best Criminal Defense Lawyer in West Palm Beach Award
•Trusted Expert: frequently interviewed in the media, including The New York Times, Palm Beach Post, CBS 12.
•Trusted Leader: local leaders frequently appoint Ron to Advisory Boards and Legal Committees.
•Direct Attorney Involvement
•Tried over 180 jury trials to verdict
Our West Palm Beach criminal defense attorney can help you determine you best legal options today. Ron is selective in the types of cases he represents, focusing on white collar offenses, such as patient brokering and healthcare fraud. Ron is well-known in and out of the legal community as a skilled criminal litigator who is respected by judges, prosecutors, and community leaders. He has extensive experience defending a wide range of medical and business professionals in the healthcare field. Contact us to see how we can work together.
CONTACT A PATIENT BROKERING LAWYER IN WEST PALM BEACH
Due to the current crackdown on patient brokering in Florida, many individuals or organizations may face charges that are inaccurate, misinformed, or entirely false in the task force’s race to make a big impact in the patient brokering industry. If you have been charged with patient brokering, get experienced legal guidance immediately. Our skilled attorney has obtained an AV Preeminent® Rating by Martindale-Hubbell® and has handled more than 180 jury trials. We do not take every case, and chose to represent select clients because the right fit is important. Most of our clients come referred from other lawyers and community leaders. We understand the sensitive nature of the allegations and help prominent defendants navigate the stressful government investigation process from grand jury to indictment, through plea negotiations, and trial.