Criminal Law in Healthcare: Criminal prosecution for activities carried out during the delivery of health care where no evil has been alleged?

The conditions under which healthcare providers maybe prosecuted under criminal laws are the provision of false claims; False Claims Act of 1986 prohibits knowingly presenting or causing to be presented to the government a false claim or false records or statements for payment of benefits or defrauds the government by getting a false claim allowed or paid. The Medicare and Medicaid Patient Protection Act of 1987, as amended “Anti-Kickback Statute”, provides for criminal penalties for certain acts impacting Medicare and state healthcare reimbursable services; healthcare medical and service fraud which involves an unlawful acts, generally deception for services or medical gain by the healthcare provider. Falsification of Records including any other medical and/or business records is grounds for criminal prosecutions. Patient abuse and negligent of not being able to provide quality care to patients are grounds for criminal prosecutions. Criminal negligence as regarded to be a reckless disregard for the safety of patients. The attitude which has been on the part of professional associations regarding criminal prosecutions for the carried out of un-suspected activities is making sure vital medical and business investigations are carried out to ensure such activities are clearly identified as grounds for criminal prosecutions.