Investigative work by the Medicaid Fraud Control Unit of the Texas Attorney General’s office and the F.B.I. helped federal prosecutors obtain convictions in a health care fraud case against the two owners and operators of Austin-based Psychological A.R.T.S., P.C.
Following a trial that lasted three weeks, jurors found 73-year-old Dr. William Dubin guilty of paying illegal kickbacks and two other charges. His 33-year-old son, Dr. David Dubin, was convicted of three charges, including health care fraud and aggravated identity theft.
Previously, a third defendant in the case, Glen McKenzie, Jr., pleaded guilty to charges involving illegal kickbacks. McKenzie used his position at an emergency shelter outside Austin to refer children to Psychological A.R.T.S. for mental health services billed to Medicaid. In return, Dr. William Dubin gave McKenzie a 10-percent kickback for each patient referral.
During the trial, evidence revealed that Dr. David Dubin facilitated at least one fraudulent billing to Medicaid and unlawfully used a patient’s personal identification information to obtain payment for another claim. The Dubins were accused of directing unlicensed individuals to perform psychological testing and billed Medicaid as though licensed psychologists had performed the services.
“Cheating Medicaid steals taxpayer dollars and harms patients in legitimate need of medical treatment,” said Medicaid Fraud Control Unit Division Chief Stormy Kelly. “Prosecution of cases such as this one help deter fraud. The attorney general’s office will continue to aggressively investigate fraud and abuse by healthcare providers to protect Texas taxpayers.”
Dr. William Dubin faces up to five years in federal prison for each of the three counts against him for illegal kickbacks. Dr. David Dubin faces up to 10 years in federal prison for the health care fraud charges against him, along with a mandatory two-year prison term for aggravated identity theft. The Dubins and McKenzie are scheduled for sentencing on February 19, 2019.
Earlier this year, the Medicaid Fraud Control Unit received the U.S. Department of Health and Human Services Office of Inspector General award of excellence for fighting fraud, waste and abuse. During fiscal year 2017, the unit obtained 108 indictments, 137 convictions and led the nation in recovering more than $534 million.