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Dr. Edward Lubin, Kickback Scheme, Florida 2023

Published September 24, 2021

Tampa, Florida – A pain management doctor practicing in Tampa, Dr. Edward Lubin, has been accused of issuing patients medically unnecessary prescriptions for Subsys, a fentanyl-based spray manufactured by Insys Therapeutics, Inc., and used to treat breakthrough cancer pain, according to a civil lawsuit filed by the United States.

The government alleges that Dr. Lubin participated in Insys' sham speaker program, through which it paid doctors in exchange for them writing such unnecessary prescriptions for Subsys. In return, Dr. Lubin allegedly accepted payments of up to $3,700 from Insys for attending sham speaking events and prescribed Subsys to patients for whom the drug was either not medically necessary or otherwise inappropriate.

Between 2014 and 2016, Dr. Lubin prescribed Subsys to 61 patients, only nine of whom actually had cancer. The United States alleges that Dr. Lubin received more than $159,000 in payments from Insys and, in return, wrote Subsys prescriptions for which Medicare paid more than $2.8 million in claims.

The government alleges that Dr. Lubin violated the federal Anti-Kickback Statute and the False Claims Act. The claims asserted against Dr. Lubin are allegations only, and there has been no determination of liability.

The case was investigated by the Department of Justice, the U.S. Department of Health and Human Services – Office of Inspector General, and Department of Defense Office of Inspector General – Defense Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney Jeremy Bloor.

Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477) and the Department of Defense Office of Inspector General at 1-800-424-9098.

Defendant: Dr. Edward Lubin, a pain management doctor practicing in Tampa, Florida.

Exact Criminal Charges: Violating the federal Anti-Kickback Statute and the False Claims Act.

City and State: Tampa, Florida.

Exact Date: Not specified in the source.

Sentence or Outcome: Currently under investigation and not determined liable.

Dollar Amounts: Over $159,000 in payments from Insys and over $2.8 million in Medicare claims.

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Source: https://www.justice.gov/usao-mdfl/pr/united-states-files-suit-against-tampa-doctor-allegedly-taking-kickback-payments-return