Legal Question in Civil Litigation in Florida

I work for a social service agency. We visit clients in their home, set up a care plan and follow through with providing care in the home for personal care, hmking, home delivered meals etc. When we do an assessment we have standard info that needs to be included in the narrative and in case notes with regard to client contact and so forth. These notes are not like home health care notes. They are case notes should a person have a problem with services they contact us, if theyare not going to be at home for services to be performed they advise us and we notify the provider of such service cl would be receiving. We are required to keep a running list of client contact with short explanation for phone call and how long we spoke with client. At the end of the month we are required to report the time per client that we serviced by resolving their phone call issue. From that list we are to type case notes regarding the contact. We have recently been notified by our supervisor that if case notes are not in the file and we have claimed time this is classified as fraud according to the agency. Even though on a legal pad we have documented daily contacts with clients that particular day but have not had time to type up the notes and place in the file before the end of the month when reports are due. Does this constitute fraud in the state of florida?


Asked on 10/23/09, 2:40 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

I am not aware of any criminal or civil statute that would consider this fraud. Fraud requires 4 elements: a false statement, the person who made the statement knew it was false, the person intended the false statement to induce another person to act upon the statement, and the other person suffered damages because of the false statement.

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Answered on 10/28/09, 8:57 am


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