AUSTIN (KXAN) — A federal judge sentenced two Austin psychologists and a Cedar Park patient recruiter on Monday for healthcare offenses. The recruiter worked at an emergency shelter and was accused of referring children there to the psychologists, who then paid a kickback to the recruiter.
Patient recruiter Glen Elwood McKenzie, 70, and Dr. William Joseph Dubin, 74, from Cedar Park, were each sentenced to five years probation and each ordered to pay $61,230 restitution. Dr. David Fox Dubin, 34, was sentenced to federal prison for three years and ordered to pay $282,019.92 in restitution.
The Dubins own and operate Psychological A.R.T.S., P.C. According to their website, “PARTS offers Psychological Assessment, Treatment, and Referral Services.”
McKenzie pleaded guilty to conspiracy to violate the federal anti-kickback law and receiving an illegal kickback on Oct. 11, 2017. McKenzie was the President of the Board of Directors of an emergency shelter outside Austin which provided temporary shelter for children removed from their homes by the Texas Department of Family and Protective Services.
During the trial, evidence revealed that Dr. William Dubin paid McKenzie to use his position as board president to refer children to Psychological A.R.T.S. for mental health services which were billed to Medicaid. Dr. William Dubin would then pay McKenzie a 10% kickback from the money paid by Medicaid to Psychological A.R.T.S.
Dr. William Dubin was found guilty on Oct. 29, 2018 of conspiracy to pay and receive health care kickbacks and two counts of offering to pay and paying illegal kickbacks. Dr. David Dubin was found guilty that same day of health care fraud and aiding and abetting health care fraud, conspiracy to commit health care fraud and aggravated identity theft.
Evidence at trial revealed Dr. David Dubin submitted a fraudulent bill to Medicaid. Further evidence showed that Dr. David Dubin committed aggravated identity theft when he unlawfully used a patient’s personal identity information to obtain payment for a fraudulent claim billed to Medicaid.