January 25, 2010
Charleston doctor to plead guilty in Mingo pill probe
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CHARLESTON, W.Va. -- A Charleston doctor is prepared to plead guilty in federal court as part of a probe into a Mingo County pain clinic, after he allegedly let unauthorized personnel issue prescriptions under his registration number.

On Friday, federal prosecutors filed a two-count information against Dr. Augusto T. Abad, accusing the physician of participating in a scheme to defraud Medicare and conspiring to allow nurse practitioners and physician assistants at Justice Medical Clinic to use his Drug Enforcement Administration registration number.

An information, which cannot be filed without a defendant's permission, generally indicates that a defendant is cooperating with the government.

In March 2009, federal agents raided the offices of Justice Medical, located between Kermit and Crum on the Mingo-Wayne county line, and two nearby pharmacies as part of an investigation into a suspected prescription pill ring.

In an affidavit, an agent with the U.S. Department of Health and Human Services wrote that the pain clinic catered to clients hoping for quick access to pain pills. The patients then were steered to two local pharmacies, one of which was located next door to the medical facility, according to the affidavit.

One of the pharmacies in Kermit reportedly sold almost 3.2 million hydrocodone pills in 2006, dramatically eclipsing the national average of 97,000 pills per pharmacy that year.

Abad allegedly let employees at the clinic use his DEA registration number to issue prescriptions for hydrocodone, as well as alprazolam -- commonly known as Xanax -- and the appetite suppressant phentermine.

Abad, who did not normally perform face-to-face examinations and evaluations of patients at the clinic, also allowed the clinic to collect $110,959.49 from Medicare between January 2008 and March 2009 for drugs that were not prescribed by him, according to the filing.

Assistant U.S. Attorney Monica Schwartz has asked U.S. District Judge John T. Copenhaver Jr. to schedule a plea hearing for Abad.

Last month, Dr. John Theodore Tiano, a former cardiology resident at Marshall University who moonlighted at the clinic between December 2005 and March 2007, pleaded guilty to similar charges. Tiano faces up to 14 years when sentenced by Copenhaver on March 18.

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Posted By: Palerider1 (8:46pm 01-26-2010)
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I have a solution to this problem that I guarantee will solve the
problem

This solution will also work for any tax paid employee. If found guilty

of trying to defraud the American tax payer, the person or persons will

instantly become homeless. All their possessions would be sold and the

money returned to the American government. Also anything their wives,

husbands, or dependent children owned would be sold. Anyone else that

was knowlingly involved, and their families would suffer the same fate.

" TAXPAYER FRAUD WOULD STOP, MEDICAL FRAUD WOULD STOP " So why has no

one in government recommended this before? I wonder??????????????

Posted By: docbob (6:05pm 01-26-2010)
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I have read this article as well as the one written when Dr. Tiano plead guilty.Both articles were obviously written to sell newspapers and do not to present the facts of a Federal case well at all. Medicare is a federal program and if you defraud them in any way,you will go to Jail. The Feds dont care at all about the amount of narcotics that were written,this is dealt w/ by state agencies,but it is good reading.It appears the Mingo clinic is finding docs that need money(one was a resident)and exploiting them for their own gain. Both of these doctors had left the clinic and the clinic had continued to use nurse practioners to fill these narcotics,at a pharmacy the clinic owned,then billed Medicare under the doctors names.From what i have gathered neither of the doctors knew the clinic was still billing under their names,but are still being held liable for billing the govt falsely.A lot of people are at fault here but it appears that the clinic is mostly at fault for Federal fraud.

Posted By: mtnmedic (4:37pm 01-26-2010)
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Jayhawk, you're way off base by suggesting that foriegn born doctors are more prone to fraud and abuse. Other than the 3 Medical schools in WV, there is a medical school in the Phillipines that has put more doctors to work in West Virginia than any other medical school. Without foriegn born doctors, we would have an even more severe shortage of physicians than we have now. Doctors from the Phillipines, Pakistan and other countries have been innovative practitioners who helped start state of the art Neurosurgery, Cardio-thoracic surgery and kidney transplant programs at West Virginia's leading hospitals that are amongst the nation's leading programs. Next time you or one of your family goes face first through the windshield, has a heart attack, or needs an organ transplant to save their life maybe you won't be such a bigot!

Posted By: wvprettyboy (9:14am 01-26-2010)
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jayhawk, the doctors names are "abad" and "tiano"---4 and 5 letters, respectively. how much difficulty can you possibly have pronouncing them?

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