Texas Psychologist Frank L. Del Rio Guilty of Medicaid Fraud

April 7, 2021

A Wichita Falls psychologist who admitted to collecting Medicaid payments for fake counseling sessions was given probation Thursday, according to court records.

[CCHR research reveals that Del Rio is not actually psychologist but a licensed professional counselor.]

Franklin Lynn Del Rio, 54, of Wichita Falls pleaded guilty to insurance fraud of $2,500 to $30,000 Thursday in 89th District Court, according to court documents.

Del Rio's guilty plea and probation could result in a loss of his state license, according to state rules.

He remains employed at Helen Farabee Centers, but the insurance fraud did not occur there, a Wichita Falls official said.

Del Rio filed fraudulent claims with the Texas Medicaid Program for face-to-face sessions or individual counseling services he didn't actually do, according to allegations in court documents. 

Presiding Judge Jim Hogan gave Del Rio five years of probation and required him to pay just under $23,360 in restitution as part of a plea bargain, according to court documents.

If he successfully serves the term of deferred-adjudication probation, Del Rio can avoid a conviction on his record.

The state jail felony is punishable by up to two years in a state jail facility.

He is to pay the restitution to the Texas Health and Human Services Commission in connection with a June 6, 2016, incident, according to court documents.

In addition, Del Rio is not eligible to own a firearm or ammunition under Texas law, according to court documents.

As part of his probation, he must submit to a mental health assessment and perform 120 hours of community service, according to court documents.

He was indicted Oct. 7, court documents show.

There is no probable cause affidavit in his online case file, indicating the case was referred to the grand jury to determine whether he would be charged.

Del Rio has been employed for 30 years at Helen Farabee Centers, executive director Gianna Harris said Thursday.

Harris said she was not at liberty to discuss any additional employment he has outside of Helen Farabee Centers. Del Rio's current job title is psychologist.

"His employment status with us is under review," Harris said.

Del Rio is listed as an actively licensed professional counselor on the state's license verification system. His license expires Dec. 31, 2021.

He was first licensed April 27, 2001, according to the system.

For a person in Del Rio's situation, the Texas Behavioral Health Executive Council has the power to revoke or suspend a license, according to the Texas Administrative Code.

In addition, the council can disqualify the person from renewing a license or deny him a , chance to obtain one, according to the code.

Darrel D. Spinks, TBHEC executive director, said he couldn't speak specifically about what actions the council might take against Del Rio, but insurance fraud is a criminal offense directly related to the practice of professional counseling.

In addition, state rules require someone who is a licensed professional counselor is to report it to the council within 30 days if he is put on probation, Spinks said.

Otherwise, he could face disciplinary action apart from any consequences of a criminal charge, Spinks said.

Source: Trish Choate, “WF psychologist pleads guilty to insurance fraud, could lose state license,” Wichita Falls Times Record News, Feb. 25, 2021, URL: https://www.timesrecordnews.com/story/news/2021/02/25/del-rio-convicted-insurance-fraud/6821305002/