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. The charges stem from his involvement in a scheme to receive kickbacks for ordering unnecessary brain scans, according to the U.S. Attorney’s Office for the District of Massachusetts.
Fishberger, who has held a New York medical license for 47 years, admitted to conspiring with a mobile medical diagnostics company and its representatives between June 2013 and December 2019. Prosecutors said he ordered transcranial Doppler (TCD) scans—tests that measure blood flow in the brain—without legitimate medical necessity in exchange for cash payments.
The scheme involved Fishberger receiving approximately $100 for each TCD scan he ordered. To justify the tests, Fishberger and his co-conspirators allegedly used false diagnoses. A principal and salesperson from the diagnostics company then submitted fraudulent claims to Medicare and private insurance companies, resulting in approximately $891,978 in improper billing.
Investigators found that Fishberger worked closely with the company’s representatives to identify patients for these unnecessary procedures. Prosecutors noted that the cash payments he received were part of a broader effort to exploit federal and private health care systems for financial gain.
Fishberger now faces significant penalties, including up to 10 years in prison, three years of supervised release, and a fine of up to $250,000. U.S. District Judge Nathaniel M. Gorton has scheduled sentencing for February 25, 2025.
The court will determine Fishberger’s sentence based on federal statutes and U.S. Sentencing Guidelines, taking into account factors such as the scope of the fraud and his role in the conspiracy.
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