Recently, Dr. Kenneth Fishberger pled guilty in federal court to one count of conspiracy to commit health care fraud for receiving kickbacks in exchange for ordering medically unnecessary brain scans. From roughly June 2013 through December 2019, Fishberger – in a conspiracy with others – ordered hundreds of medically unnecessary transcranial doppler (TCD) scans in exchange for kickbacks.
Fishberger and the co-conspirators, including a principal and a salesperson for a mobile medical diagnostics company that performed TCD scans, used false diagnoses to order the brain scans. Once the brain scans were ordered, a co-conspirator would submit claims to Medicare and other insurance companies (including private insurance companies) on behalf of the involved medical diagnostics company. As payment for his role in the scheme, Fishberger received roughly $100 in cash for each test. Charging documents alleged $891,978 worth of fraudulent bills submitted to Medicare and private insurance companies as a result of the scheme.
Fishberger’s sentencing is scheduled for February 25, 2025. The charge of conspiracy to commit health care fraud means he is facing a sentence of up to ten years in prison, three years of supervised release, and a fine of up to $250,000.