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Dyer County man charged 2nd time with TennCare drug fraud

Saturday, March 23, 2013

A Dyer County man is charged with TennCare fraud for selling prescription drugs he obtained using TennCare public healthcare insurance benefits. It's his second arrest for TennCare fraud.

The Office of Inspector General (OIG) announced the arrest of Jay Burton, 54, of Dyersburg. The Dyer County Sheriff's Office assisted in the arrest.

Burton is charged with TennCare fraud and sale of a Schedule II controlled substance in connection with using TennCare to obtain a prescription for the painkiller morphine while planning to sell a portion of the drugs.

Burton was first arrested by the OIG on Oct. 15, 2012, when he was among three people arrested and charged with TennCare fraud after a roundup that netted 37 arrests on indictments for drug charges in Dyer County. Burton was accused of TennCare fraud and sale of a Schedule III controlled substance. On that occasion, TennCare was used to purchase the painkiller hydrocodone, a portion of which was later sold to an undercover agent.

"Medical providers and law enforcement professionals do not tolerate this kind of abuse of the TennCare program, especially when it relates to addictive prescription painkillers," said Inspector General Deborah Faulkner. "The Office of Inspector General will aggressively prosecute every one of these cases to the fullest extent possible."

TennCare fraud is a Class E felony, carrying a sentence of up to two years in prison. Sale of a Schedule II controlled substance is a Class C felony carrying a sentence of up to six years in prison. District Attorney General C. Phillip Bivens is prosecuting.

The OIG, which is separate from TennCare, began full operation in February 2005 and has investigated cases leading to over $3.5 million paid in restitution and recoupment to TennCare, with a total estimated cost avoidance of over $173 million for the TennCare program, according to latest figures. To date, over 1,700 people have been charged with TennCare fraud.

Through the OIG Cash for Tips Program established by the Legislature, Tennesseans can get cash rewards for TennCare fraud tips that lead to convictions. Anyone can report suspected TennCare fraud by calling 1-800-433-3982 toll-free from anywhere in Tennessee, or log on to www.tn.gov/tnoig and follow the prompts that read "Report TennCare Fraud."

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I am amazed at how individuals can have multiple charges of TN Care fraud.....but they still have TN Care. WTH?

-- Posted by cgarret3 on Sun, Mar 24, 2013, at 9:12 AM

why isn't accused address given in story?

of course, the pill transaction can't be ignored, but now if this guy is guilty, we get to feed, cloth, house and furnish this guy his pain pills. great deal isn't it?

-- Posted by closerlook on Sun, Mar 24, 2013, at 9:28 AM

Yea he is a repeat!This says he has . a promble! I bet he'll do it again !

-- Posted by chief_ty20 on Sun, Mar 24, 2013, at 9:49 AM

It seems D'burg has an unusually large population of patients on "end-of-life" meds, like morphine. While selling RX drugs is definitely against the law, you have to wonder why this person was prescribed such a medication in the first place. Perhaps the dr, whose wallet is as full as his waiting room, should do what's best for not only this patient but the community as a whole! Perhaps law enforcement should follow the RX trail to the 2 or 3 drs involved!

-- Posted by friendofoldfriend on Mon, Mar 25, 2013, at 12:00 PM

The doctor, nurse practitioner, or pain clinic should be investigated for prescribing such addictive medications. Instead they are profiting from outrageous office visit charges and prescribing these medications while performing no interventional treatment for the source of the pain. While a great majority of the patients become addicted, it's all good for these providers because they know their patients will more than likely return and the providers will continue to profit, no matter what the cost to the patient and to our community.

-- Posted by lyriclady on Tue, Mar 26, 2013, at 12:04 AM

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