New York doctor pleads guilty in $891,978 health care fraud scheme

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Dr. Kenneth Fishberger, a 75-year-old internist from East Setauket, New York, pleaded guilty Thursday in federal court to conspiring to commit health care fraud. Fishberger admitted to accepting kickbacks for ordering unnecessary brain scans, which resulted in nearly $900,000 in fraudulent claims to Medicare and private insurers.

Fishberger’s plea was entered before U.S. District Judge Nathaniel M. Gorton, who scheduled sentencing for February 25, 2025. The scheme, which spanned from 2013 to 2019, involved Fishberger ordering hundreds of medically unnecessary transcranial Doppler (TCD) scans, which measure blood flow in the brain, using false diagnoses.

Prosecutors said Fishberger received $100 per scan from co-conspirators linked to a mobile medical diagnostics company. The company submitted fraudulent claims to insurance providers, including Medicare, based on Fishberger’s orders. The scheme defrauded insurance companies of approximately $891,978.

“This case highlights the Justice Department’s commitment to holding accountable those who undermine our health care system for personal gain,” said Acting U.S. Attorney Joshua S. Levy. Federal officials described the operation as a systematic abuse of trust that exploited Medicare and private insurers through false diagnoses and unnecessary medical tests.

The charge of conspiracy to commit health care fraud carries a maximum sentence of 10 years in prison, three years of supervised release, and a $250,000 fine. Fishberger, who has been a licensed medical professional for nearly five decades, is awaiting sentencing under federal guidelines.