Podiatrist pays six figures to settle allegations involving false procedure

DOJ Press

HOUSTON – A 67-year-old podiatrist from Cypress has agreed to pay $865,000 to resolve allegations that she submitted false medical claims for the use of electro-acupuncture devices, announced U.S. Attorney Jennifer B. Lowery.

Dr. Judith Rubin is a podiatrist who practices in Cypress. 

From March 1, 2018, to Nov. 30, 2019, Rubin billed Medicare for the surgical implantation of neurostimulator electrodes. This surgical procedure usually requires the use of an operating room. Medicare typically pays thousands of dollars per procedure.


However, neither Rubin nor her staff performed these surgical procedures. Instead, patients received devices used for electro-acupuncture, which only involves inserting needles into patients’ ears and taping the neurostimulator behind them with an adhesive. 

To date, this is the eighth case the Southern District of Texas has resolved for similar false claims. The other matters included settlements with a Katy anesthesiologist, Laredo pain doctor, Houston pain doctor, Houston chiropractor, Rockport chiropractor,  Woodlands pain doctor and Cypress marketing representative.

The U.S. Attorney’s Office conducted the investigation with the Department of Health and Human Services – Office of Inspector General and Qlarant, the Unified Program Integrity Contractor for Medicare. Assistant U.S. Attorney Brad Gray handled the matter.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

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