Brian August, MD Indicted

This is an odd post, because I can’t figure out why this doctor was targeted.  He doesn’t fit the mold.

60-year-old physiatrist Brian James August, MD of El Paso, Tx was indicted and arrested this week. He was charged with five counts of distribution of a controlled substance resulting in death or serious bodily injury, five counts of distribution of a controlled substance and five counts of health care fraud resulting in death.  More than likely, all three groups of charges are related to the same 5 patients.

The federal press release doesn’t say much. They listed multiple opioids that were prescribed—methadone, fentanyl, hydromorphone, morphine, hydrocodone and oxycodone—over a 6 year period. The reason for spanning 6 years is so the government can recoup all the charges made to Medicare/Medicaid for those 6 years, which is the maximum time legally allowed. The problem with listing all of those medications is that it just demonstrates that he was a doctor treating legitimate pain for legitimate patients, and not selling drugs on the street corner, which is what the Controlled Substance Act would actually require if the government followed the rule of law…but they don’t.

So what is odd about this particular targeting?

First, Dr. August appears to be a Caucasian American.  He graduated from Texas Tech University Health Science Center School of Medicine in 1990. He is affiliated with Hospitals Of Providence Memorial Campus, Las Palmas Medical Center, Del Sol Medical Center and El Paso Specialty Hospital and works for a large multi-clinic and multi-specialty medical organization, El Paso Integrated Physicians Group (EPIPG). So he is not a minority physician in an independent practice like who is usually targeted.  In fact, there are multiple doctors that are minority in El Paso who do pain management that would be more likely the standard target, with names like Ibrahim, Jimenez, Annabi, Refaeian, etc.

The second oddity is that he is a physician in a large conglomerate medical clinic with ties to hospitals. The hospital-government collusion against independent practices once gave hospital-owned clinics safety against attack.  I don’t think EPIPG is hospital-owned.  My question is whether it is a competition to the hospital chains working in El Paso.  If so, then other doctors in this organization can probably look forward to being the next target.  If anyone from El Paso can shed light on the medical situation there and any hospital monopolies, I would appreciate it.

The last issue is the charge of charging government insurance for services that weren’t performed. First, my guess is that Dr. August is salaried, not paid on a commission of work that he did. The second problem with this is that, in a large corporation like this, the doctor doesn’t even submit the charges. They have special accountants to do that. So if there were charges applied to Dr. August that he actually didn’t do, it was probably the fault of highers up directing the accounting department to do that, not the doctor. But the usual problem is that the work has been done, but the CMS reviewers don’t recognize it.

Basically, this entire case smells rotten.  The most likely government reason is money. With Dr. August’s age and 30 year work experience, the government intends to take everything he owns from his entire career to pay for their jobs and help with the government deficit. But my guess is there are some underlying collusive reasons for this particular attack, and none of them have any relation to the law being used to indict him—the Controlled Substance Act.

Bottom line—the American people need to realize that law is being used illegally to attack specific targets, for whatever the real reason is that we don’t know. Obviously the people listed in the indictment were patients, and that should make Dr. August exempt from CSA charges.  If the deaths were caused by his inappropriate prescribing, that would be a malpractice issue, not a criminal one.

And now the government is using healthcare fraud to bring money back into the coffers and pay for DOJ jobs.  This means that no one in the medical profession is exempt, because they can call anything fraud and get away with it. We must change the CMS laws pertaining to charges of fraud. First, a provider should be informed that their action is considered fraudulent, and only be charged if they continue that same action after notification. Without changes in the CMS regulations, no doctor is safe when accepting government insurance, and all doctors need to exclude themselves from government insurance until this loophole is fixed.

Addendum

Thanks to the SCOTUS Ruan/Kahn decision, the court has dismissed all charges against Dr. August.  Dr. August, you need to get on board DoC and help end these attacks on your profession.

Linda Cheek, MD

About the Author Linda Cheek, MD

Linda Cheek is a teacher and disenfranchised medical doctor, turned activist, author, and speaker. A victim of prosecutorial misconduct and outright law-breaking of the government agencies DEA, DHHS, and DOJ, she hopes to be a part of exonerating all doctors illegally attacked through the Controlled Substance Act. She holds the key to success, as she can offset the government propaganda that drugs cause addiction with the truth: The REAL Cause of Drug Abuse.
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