DRUG FRAUD ALLEGED IN FOSTER CARE

Strayhorn Believes Kids Are Getting Unnecessary Psychiatric Medication

AUSTIN - Comptroller Carole Keeton Strayhorn suspects foster children
are being given psychiatric drugs so they're more docile, or so
doctors and drug companies can make a buck.

Mrs. Strayhorn on Friday demanded a year's worth of records on drugs
given to foster children, and she vowed to investigate and share
evidence of fraud with the Legislature and the Health and Human
Services Commission.

The comptroller cited her authority as the head of a Medicaid fraud
task force that advises the commission.

She immediately drew skepticism from the Texas Medical Association and
political rival Gov. Rick Perry that her investigation will be either
helpful or necessary.

But two mothers of children placed by the state into foster care
praised Mrs. Strayhorn's effort, saying her year-old crusade against
misuse of mental health drugs among the state's 17,000 foster children
had helped save the lives of their children.

"If it wouldn't have been for the care and concern of the comptroller,
Mrs. Strayhorn, my daughter would not be alive today," said Elain
Philpott of Port Neches.

Ms. Philpott said an unnecessary antipsychotic drug dulled her
15-year-old daughter's senses and caused other problems during the six
years she was in foster care.

Mrs. Strayhorn said up to $4 million a year might be wasted on drugs
given to foster children for mental illnesses such as schizophrenia,
bipolar disorder and depression.

"Children as young as 3 are receiving powerful, mind-altering drugs,"
she said.

Commission spokeswoman Jennifer Harris said it has launched a
two-track review of whether poor children on Medicaid - including
foster children - receive proper medicine for mental illness.

One is an ongoing review of drug claims by its beefed-up anti-fraud
unit. The other is a review of "clinical data" on mentally disturbed
children who receive Medicaid to see if policies need to be changed or
if doctors need continuing education about mental health drugs.

Dr. John Holcomb of the Texas Medical Association said Mrs. Strayhorn
has "a serious misunderstanding" of whether off-label use of drugs is
appropriate.

"Hogwash," retorted the comptroller, whose son, Mark McClellan, runs
the Food and Drug Administration. "I understand the use of off-label
drugs, and I understand that most of these drugs are not approved for
use in children."

She questioned actions by two Texas doctors who aren't psychiatrists
but have prescribed mental health medications to foster children. A
third, she said, co-owns a pharmacy that dispenses the drugs.

"It is not uncommon for some [foster] children to have up to 14
different prescriptions," she said.

Mrs. Strayhorn began reviewing foster care last year after stories in
The Dallas Morning News found problems with the state's financial
oversight of some foster care operators.

Ms. Harris said Mrs. Strayhorn will get the requested data "as long as
it doesn't violate federal law protecting a patient's confidentiality."