An El Paso doctor has consented to pay a hefty sum of $200,000 to settle accusations of fraud on both state and federal levels, as per reports from the U.S. Department of Justice. Dr. Brian August, facing allegations regarding 255 controlled substance prescriptions issued over three years, was charged with violations of the Controlled Substances Act, and both the False Claims Act and the Texas Health Care Fraud Prevention Act.
The prescriptions, written between December 23, 2017, and May 22, 2021, included Schedule II and IV drugs such as morphine, fentanyl, and oxycodone. According to federal contentions, these medications were dispensed to 15 people without adhering to the required medical standards for treating pain or chronic pain, failing to show legitimate medical purposes or necessity, and lacking evidence that these prescriptions were part of accepted professional practice. Additionally, the individuals involved were beneficiaries of Medicare Part D and/or Texas Medicaid programs, rendering the fraudulent prescriptions ineligible for reimbursement.
In a coordinated crackdown by numerous agencies, August agreed to a restitution payment that includes $994.22 to the Texas Medicaid Program and $44,380.55 to the Medicare Part D program. The remaining funds will go toward civil damages and civil penalties. As part of the agreement, Dr. August has surrendered his DEA registration and will not seek a new one, and he has also given up his Texas medical license, which was previously suspended by the Texas Medical Board pending the investigation.
U.S. Attorney Justin R. Simmons, representing the Western District of Texas, announced the settlement details, praising the team effort between his office, the FBI, DEA, and the Texas Office of the Attorney General. The matter was investigated by Assistant U.S. Attorney Eduardo Castillo, with Erin Van De Walle bringing it to a settlement, confirming that despite the significant financial resolution, no determination of liability has been made on the allegations.
