St. Louis, MO – Philip D. Dean, M.D., 62, of Warrenton,
Missouri, was indicted today with eight
felony charges for making false statements to Medicare and Medicaid and illegally
distributing fentanyl, hydrocodone, and other controlled prescription drugs
without a legitimate medical purpose.
According to the Indictment, Dr. Dean had personal
relationships with several women, and during the relationships provided these
women with prescriptions for narcotic pain relief opioid drugs. With one woman, Dr. Dean wrote her multiple
prescriptions using the name of her family member, and then Dr. Dean personally
picked some of these drugs up from the pharmacy and paid the co-payment amount. With another woman, Dr. Dean exchanged text
and social media messages with sexual content before making prescription
decisions for her. Finally, Dr. Dean
prescribed a drug called Subsys®, a narcotic pain relief drug that contains
Fentanyl, to one of the women, causing Medicaid to pay approximately
$213,000. However, Subsys® is only
approved for use in cancer patients with breakthrough pain, and the woman who
received the Subsys® prescriptions did not have cancer.
If convicted, the charges of false statements to Medicare
and Medicaid carry a maximum penalty of 5 years in prison and a $250,000
fine. The drug distribution charges have
maximum penalties of either 20 or 5 years in prison and a fine of either
$1,000,000 or $250,000. In determining
the actual sentences, a judge is required to consider the U.S. Sentencing
Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the U.S. Department of
Health and Human Services, Office of the Inspector General, and the Drug
Enforcement Administration, with assistance from the Federal Bureau of
Investigation, the Medicaid Fraud Control Unit of the Missouri Attorney
General’s Office, and the Warrenton Police Department. Assistant United States Attorney Andy Lay is
handling the case for the U.S. Attorney’s Office.
As is always the case, charges set forth in the complaint
are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent
unless and until proven guilty.
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