A physician in El Paso has reached a $200,000 settlement to address claims that he breached federal and state laws by improperly prescribing controlled substances to patients covered by government health programs.
Dr. Brian August resolved the allegations under the Controlled Substances Act, the False Claims Act, and the Texas Health Care Program Fraud Prevention Act. The claims centered on 255 prescriptions for controlled drugs issued to 15 people, who were Medicare Part D or Texas Medicaid enrollees, from December 23, 2017, through May 22, 2021.
The prescriptions involved Schedule II substances such as morphine, fentanyl, hydrocodone-acetaminophen, hydrocodone, hydromorphone, hydromorphone extended release, oxycodone hydrochloride extended release, tapentadol, and oxymorphone, as well as Schedule IV drugs including carisoprodol, zolpidem, clonazepam, alprazolam, and tramadol.
Authorities asserted that August “issued individual and concurrent prescriptions for these controlled substances to 15 individuals without complying with the minimum requirements imposed on Texas physicians in treating patients for pain or chronic pain conditions; documenting a legitimate medical purpose; demonstrating medical necessity for such prescriptions; and demonstrating the prescriptions were issued in the usual course of professional practice,” according to a Department of Justice press release. Therefore, the prescriptions were ineligible for program payments.
The settlement allocates...
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