Q: legally admissible fraud

A: If a person was diagnosed as needing and referred to hospice and the medical person so referring knew it was not true, this could be fraud.

A: I want to provide accurate information about this sensitive legal topic. Under California law, fraud generally requires an intentional misrepresentation of material facts, made with knowledge of its falsity, with the intent to deceive, which is justifiably relied upon by the victim and causes them damage.

Referring someone to hospice care based on a fabricated terminal illness diagnosis could potentially constitute fraud, as it involves a misrepresentation of their medical condition. Concealing the identity of the referring individual does not necessarily exacerbate the fraud itself from a legal standpoint, but could make it more difficult to investigate and prove.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. While the hospice referral itself may be admissible as a business record, secondhand accounts of what the referring individual said about the patient's diagnosis could be challenged as hearsay if offered to prove the diagnosis was legitimate.

However, the specific facts and evidence in each case are crucial. Fraud claims involve complex legal and factual issues that require detailed analysis. If you believe you have uncovered healthcare fraud, I'd strongly encourage reporting it to the appropriate state and federal agencies and discussing it with a qualified attorney. Only a legal professional can provide advice tailored to your exact situation.