New York physician sentenced for accepting kickbacks 

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A New York physician was sentenced Dec. 9 for receiving kickbacks in exchange for ordering medically unnecessary brain scans, according to a Department of Justice news release.

What happened?

  • From June 2013 through December 2019, Kenneth Fishberger, MD, an internist in East Setauket, N.Y., allegedly conspired with others to order hundreds of transcranial doppler scans in exchange for kickbacks.
  • The tests, which measure blood flow in the brain, were not medically necessary and were supported by false diagnoses. A co-conspirator submitted claims to Medicare and private insurers, resulting in about $891,978 in fraudulent charges. Dr. Fishberger was paid roughly $100 per test.
  • Dr. Fishberger was sentenced to two years of supervised release, including one year of home confinement with location monitoring. He was also ordered to pay a $50,000 fine, $48,000 in forfeiture and $342,876 in restitution. He pleaded guilty in November 2024 to one count of conspiracy to commit healthcare fraud. 

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