AUSTIN — On Sept. 16, two local psychologists and their patient recruiter were sentenced for Health Care fraud-related offenses.
U.S. District Judge Xavier Rodriguez sentenced 34-year-old Dr. David Fox Dubin, to three years in federal prison and ordered him to pay $282,019.92 restitution. He also sentenced 74-year-old Dr. William Joseph Dubin and 70-year-old patient recruiter Glen Elwood McKenzie Jr. of Cedar Park to five years probation and ordered each of them to pay, joint and severally, $61,230 restitution.
The duo was convicted by a federal jury on Oct. 29 on numerous charges after a fraud investigation at their establishment, Psychological A.R.T.S., P.C.
The jury convicted the Dubins after a three-week trial. William was found guilty of one count of conspiracy to pay and receive health care kickbacks, and two counts of offering to pay and paying illegal kickback, while his son was found guilty of one count of conspiracy to commit health care fraud, one count of health care fraud and aiding and abetting health care fraud, and one count of aggravated identity theft.
Prior to Oct. 29, McKenzie pleaded guilty to one count of conspiracy to violate the federal anti-kickback law and one count of receiving an illegal kickback. McKenzie was the president of the board of directors of an emergency shelter house about 80 miles from Austin that provided temporary shelter or crisis intervention and mental health services to children ages five to 17 who had been removed from their homes by the Texas Department of Family and Protective Services.
Based on evidence provided during the trial, William paid McKenzie to refer children to Psychological A.R.T.S. for mental health services, which were billed to the Medicaid program. Upon payment for those services, William paid him a 10% kickback from the money paid to his facility.
The evidence also revealed that David engaged in a conspiracy to commit health care fraud and committed health care fraud by causing at least one fraudulent billing to be submitted to the Medicaid program. He was convicted of engaging in aggravated identity theft when he caused a fraudulent claim to be submitted to Medicaid and unlawfully used a patient’s personal information to receive payment of the bill.
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