SOBER HOME FRAUD
Hiring a Sober Home Fraud Attorney to defend you in the context of these investigations is critical. The Firm represents sober homes and recovery residence operators in sober home fraud investigations under investigation or accused of state or federal crimes.. Investigations into sober homes continue to increase in Palm Beach, Miami, and Fort Lauderdale.
Sober home fraud investigations involving the Assistant State Attorney for Palm Beach County and the U.S. Attorney’s Office include:
Patient Brokering: Patient brokering also known as “body brokering” involves receiving or paying a person to induce a referral of that person to a health care facility or provider. Typically in sober home investigations, a patient might be recruited to the sober home and/or might be recruited and or referred to an out-patient program or a rehabilitation program in return for money, or “something of value.”
There are various exceptions to the Florida Patient Brokering statute which relate to physician’s offices, substance abuse treatment center advertising, and other compensation arrangements. One exception might be that the compensation arrangement meets a safe harbor of the Federal Anti-Kickback statute. In order to determine whether or not an exception applies it is critical to consult with a Sober Home Fraud Attorney.
Lack of Management: The Government might ask: Who is managing the Sober home? Is there documentation showing when persons in recovery first arrive at the home? Are residents expected to attend AA or NA meetings? If so, what steps are taken to verify they attended a meeting? Are the rules of the home prominently posted at the home? What steps if any will the sober home take if someone violates the rules? What event, if any, would cause the ejection of a sober home resident due to endangerment of the other residents? Has the sober home received numerous complaints from neighbors or persons in the community, and if so, what complaints?
Lack of Services: The Government is also focused on whether the home actually provides services. What are the services provided by the Sober home? What is available to someone at the sober home? Are there logs or records of activities offered at the home?
Relationships with Treatment Centers and Urinalysis: The Government is targeting sober homes with relationships with rehabilitation treatment centers, especially those centers that perform a high volume of urinalysis tests. Some sober homes may have agreements with treatment centers titled consulting or marketing agreements.
Free Rent: The Government continues to investigate whether or not the sober home is offering free rent to residents or whether residents were provided anything of value to stay at the home. Also, the Government is likely to query about how rent is paid and how much rent is paid each month or week.
Patient Recruitment: Several sober home fraud investigations have included patient recruiters appearing at AA and NA meetings, churches, homeless shelters, and other locations to recruit or educate persons about sobriety and sober homes.
Unlicensed or “Off the Books” Homes: According to the State Attorney’s Office in Palm Beach and the recent Grand Jury Report, many sober homes operate in the shadows and are unregulated. As of July 1, 2017, that changed. Government Scott signed a comprehensive amendment to the Florida laws regulating substance abuse treatment centers and sober homes. Is the sober home registered with the Division of Florida Corporations? Has an application been filed with DCF and FARR? Are you prepared for an unannounced DCF inspection?
If you are a sober home operator, employee or former employee of a sober home operator and you have received a subpoena or you believe you may be under investigation for sober home fraud, kickbacks, or patient brokering it is critical to contact a Sober Home Fraud Attorney.