Dr. Kenneth Fishberger, 75, from East Setauket, New York, pleaded guilty in federal court in Boston on Thursday to conspiracy to commit health care fraud for accepting kickbacks in exchange for ordering medically unnecessary brain scans. The U.S. Attorney’s Office for the District of Massachusetts reported the guilty plea.
Fishberger, an internist with 47 years of experience and a New York medical license, is accused of collaborating with a mobile medical diagnostics company and its representatives from June 2013 to December 2019. During this period, he ordered transcranial Doppler (TCD) scans, which measure blood flow in the brain, without medical justification.
For each TCD scan ordered, Fishberger allegedly received about $100 in cash. To conceal the scheme, he and his co-conspirators used false diagnoses to justify the tests. Subsequently, the diagnostics company submitted fraudulent claims to Medicare and private insurers, totaling approximately $891,978 in fraudulent billing.
Fishberger’s role in the scheme involved working closely with the company principal and a salesperson to target patients for these unnecessary procedures. The fraudulent payments made to Fishberger were part of a broader effort to exploit federal and private health care systems for financial gain.
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, before Judge Nathaniel M. Gorton. The final sentence will be determined based on factors such as the scope of the fraud and Fishberger’s involvement in the conspiracy, as outlined in the U.S. Sentencing Guidelines.
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