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October 29, 2021

Texas Pain Management Physicians Settle for $3.9 Million to Resolve Alleged Violations of the False Claims Act

Robert Wills and Brannon Frank, physicians at Austin Pain Associates, have agreed to pay $3.9 million to resolve allegations that they knowingly billed Medicare, Medicaid and TRICARE for medically unnecessary urine drug testing in violation of the False Claims Act. Wills and Frank allegedly drafted testing protocols that they knew would send a high volume of unnecessary urine tests to their in-house lab, generating significant income for the practice. The United States alleged that the practice could not have been profitable without the high volume of medically unnecessary tests. The settlement resolves claims brought under a qui tam action raised by two former employees of Austin Pain Associates. Wills agreed to pay $2.1 million, and Frank agreed to pay $1.8 million to settle all the claims. The two whistleblower employees will receive approximately $618,000 of the $3.9 million settlement.