EL PASO, Texas (KTSM) — An El Paso doctor has agreed to pay $200,000 in a settlement after he violated the Controlled Substances Act, the False Claims Act, and the Texas Health Care Program Fraud Prevention Act, according to the U.S. Attorney’s Office with the Western District of Texas.
The U.S. Attorney’s Office says the allegations involve Dr. Brian August issuing 255 controlled substance prescriptions to 15 individuals between Dec. 2017 and May 2021.
The prescriptions included Schedule II controlled substances such as morphine, fentanyl, hydrocodone-acetaminophen, hydrocodone, hydromorphone, hydromorphone extended release, oxycodone hydrochloride extended release, tapentadol, oxymorphone, and the Schedule IV controlled substances carisoprodol, zolpidem, clonazepam, alprazolam, and tramadol.
The U.S. Attorney’s Office says August issued individual and concurrent prescriptions for the controlled substances to 15 people without complying with the minimum requirements for Texas physicians in treating patients for pain or chronic pain conditions.
Those requirements include documenting a legitimate medical purpose for the use of the substance, demonstrating medical necessity for such prescriptions, and demonstrating that the prescriptions were issued in the usual course of professional practice, the U.S. Attorney’s Office said.
The U.S. Attorney’s Office and the state of Texas say that August violated the False Claims Act and the Texas Health Care Fraud Prevention Act, as the 15 individuals referenced above were beneficiaries of the Medicare Part D and/or Texas Medicaid programs.
As these prescriptions were not issued for a legitimate medical purpose, they were not eligible for reimbursement by either program.
The $200,000 being paid by August includes $994.22 in restitution to the Texas Medicaid Program and $44,380.55 in restitution to the Medicare Part D program. The remainder constitutes civil damages under the FCA, the THCFPA, and civil penalties under the CSA, the U.S. Attorney’s Office said.
The U.S. Attorney’s Office says August previously surrendered his DEA registration and will not seek a new registration. He has also surrendered his license to practice in Texas as part of the settlement.
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