Austin American-Statesman

» Austin psychologi­sts, Cedar Park patient recruiter charged in health care fraud sweep,

Three men accused of Medicaid kickback scheme.

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Two Austin psychologi­sts and a Cedar Park patient recruiter are facing criminal charges after federal investigat­ors accused them of a Medicaid kickback scheme involving children who had been removed from their homes by the Texas Department of Family and Protective Services.

Dr. William Joseph Dubin, 72, and his son Dr. David Fox Dubin, 32, who operate Psychologi­cal ARTS in Northwest Austin, are each facing 21 charges that include conspiracy and health care fraud. Glen McKenzie Jr., a 67-year-old patient recruiter of Cedar Park, is facing one count of conspiracy to violate the federal anti-kickback law and five counts of receiving illegal kickbacks.

The men were three of more than 400 medical profession­als across the country who were indicted as part of a nationwide U.S. Department of Justice health care fraud investigat­ion.

The indictment alleges that McKenzie received kickbacks from the Dubins to refer the children in the state’s care to Psychologi­cal ARTS. The Dubins paid McKenzie 10 percent of every government check they received, the indictment says.

The Dubins billed Texas Medicaid and the Texas Vocational Rehabilita­tion Services program for the children’s comprehens­ive mental health assessment­s and stated that Dr. William Dubin had done the assessment. However, unlicensed and unsupervis­ed interns and students actually did the work, the indictment says.

Medicaid allows associates to do mental health assessment­s, but the associates must be licensed and supervised, and the work is billed at 30 percent less than if a profession­al psychologi­st had done the work, federal investigat­ors said.

From January 2011 to June 2015, the Dubins billed about $300,000 to the state, the indictment says.

In total, the Dubins are each charged with:

One count of conspiracy to violate the federal anti-kickback law.

Five counts of paying illegal kickbacks.

One count of conspiracy to commit health care fraud.

Seven counts of health care fraud and aiding and abetting health care fraud.

Six counts of aggravated identity theft.

Aiding and abetting aggravated identity theft.

The indictment says McKenzie was the president of the board for an emergency shelter house about 80 miles from Austin for children whom the state had removed from their homes, but does not name the shelter. McKenzie’s LinkedIn page says he was president of the board for The Williams House Emergency Shelter For Children from May 2009 to November last year.

McKenzie surrendere­d to federal authoritie­s this morning, said Daryl Fields, Texas spokesman for the U.S. Attorney’s Office. The Dubins were released from jail on personal recognizan­ce bonds following their initial appearance­s in federal court Wednesday.

None of the three men or theirattor­neyscouldb­ereached for comment Thursday.

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