OKLAHOMA CITY – The Comanche County Hospital Authority, Dr. Troy L. Harden and Dr. Moncy Varkey agreed to pay a total of $550,000 to the United States to settle civil penalty claims related to prescriptions for various Schedule II controlled substances.
The Comanche County Hospital Authority’s operating divisions include Comanche County Memorial Hospital and the Lawton Community Health Center.
Under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, prescriptions for controlled substances must be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice.
Drs. Harden and Varkey were employed by CCHA and practiced medicine on behalf of Lawton Community Health Center in and around Lawton.
The federal government alleged that for almost two years, November 2016 to August 2018, Drs. Harden and Varkey issued prescriptions for various non-opioid Schedule II controlled substances, without establishing a doctor-patient relationship via face-to-face encounters with their patients.
During that time, CCHA was responsible for certain LCHC operations including administration, management, and regulatory compliance. The United States alleges the prescriptions issued by Drs. Harden and Varkey were outside the usual course of professional practice and that CCHA neglected to implement appropriate prescribing policies and procedures.
To resolve these allegations, CCHA, Harden and Varkey agreed to pay a total of $550,000 to the United States, U.S. Attorney Robert J. Troester announced.
In reaching this settlement, Varkey, Harden and the Hospital Authority did not admit liability, and the government did not make any concessions about the legitimacy of the claims, Troester said. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
The case was investigated by the Drug Enforcement Administration’s Office of Diversion Control, with assistance from the Department of Health and Human Services, Office of Inspector General, Office of Audit Services. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.