Dr. Kenneth Fishberger, a 75-year-old internist from East Setauket, New York, pleaded guilty in federal court in Boston on Thursday to conspiracy to commit health care fraud. Fishberger admitted to receiving kickbacks in exchange for ordering unnecessary brain scans, a scheme that defrauded Medicare and private insurance providers out of nearly $900,000.
Fishberger, who practiced medicine for 47 years in Long Island, was accused of conspiring with a mobile medical diagnostics company and its representatives from June 2013 through December 2019. The scheme involved ordering transcranial Doppler (TCD) scans, a type of brain scan that measures blood flow, for patients who did not require the procedure.
According to the U.S. Attorney’s Office for the District of Massachusetts, Fishberger received approximately $100 in cash for each TCD scan he ordered. To carry out the fraudulent scheme, Fishberger and his co-conspirators used false diagnoses to justify the scans, which were then billed to Medicare and private insurers.
The fraudulent billing resulted in approximately $891,978 in false claims, prosecutors stated. Fishberger worked with the company’s principal and a salesperson to target patients for these unnecessary procedures, exploiting the health care system for financial gain.
As part of the plea agreement, Fishberger faces up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. Sentencing is scheduled for February 25, 2025, and Fishberger’s final sentence will depend on factors such as the scope of the fraud and his role in the conspiracy, as determined by the U.S. Sentencing Guidelines.
The case highlights ongoing efforts to combat fraud in federal and private health care systems and serves as a reminder of the serious consequences for medical professionals who engage in fraudulent practices.A