Pain meds are charged for when they are signed out of the hospital control system, they aren't the property of a person until dispensed & given. Some systems may use a 30 day supply card, such as in Rehab/Long term care facilities. Here a patient may be issued a card so charged for med, but pills returned are to be credited. Where this would be illegal is giving a patient another person's med and charging that other person for the med (false claim act penalty for billing for services not actually rendered, plus also medication error as the dose was not as prescribed, so practicing without a license. Also potential insurance fraud. But, a claim needs duty, breach, damages, and causation. Here, it doen't appear any harm is claimed, so no cause of action for negligence because no damages occurred (presumably).