“Californians aren’t often made aware of the investigative work done by state employed investigators, sworn and non-sworn, who work to protect us whether we are at a doctor’s office, buying a car, employing a contractor for home repairs, or hiring a day care provider. Thank you to all of them for working to protect consumers in California.” – CSLEA President Alan Barcelona
SACRAMENTO – On June 16, 2022, a Sacramento County jury found a San Joaquin County orthopedic surgeon guilty of repeatedly defrauding the Medi-Cal and Medicare programs. From 2012 to 2016, Gary Wisner defrauded Medi-Cal and Medicare by administering excessive and medically unjustifiable X-rays to his patients. Following a two-week jury trial in Sacramento County Superior Court, Wisner was convicted of 10 felony counts of health care insurance fraud.
“Gary Wisner abused the position he held as a healthcare provider by subjecting his patients to unnecessary procedures to secure additional profits,” said California Attorney General Rob Bonta. “I want to express my gratitude to the San Joaquin County District Attorney’s Office who aided us throughout the course of this investigation. The California Department of Justice and our law enforcement partners will continue to hold accountable those who attempt to use the Medi-Cal program for personal gain, and to safeguard those it serves.”
In November 2016, representatives from the California Department of Justice, Division of Medi-Cal Fraud and Elder Abuse (DMFEA) were notified by multiple government offices of suspected fraud by Wisner in overbilling the Medi-Cal and Medicare programs. Wisner operated a medical clinic in Lodi. DMFEA’s investigation into Wisner’s alleged misconduct revealed Wisner would administer X-rays even in routine office visits and would X-ray multiple parts of a patient's body — regardless of whether it had any relation to a patient’s medical condition. Evidence presented at trial showed that over the course of an approximate four-year period, Wisner subjected ten individual patients to hundreds of unnecessary X-rays at his clinic.
This investigation was made possible through collaboration with the United States Department of Health and Human Services (HHS), the San Joaquin County District Attorney’s Office, and the California Department of Insurance.
Gary Wisner is also the subject of an independent criminal complaint filed by the San Joaquin County District Attorney’s Office for worker’s compensation fraud. The case is still pending and Gary Wisner is presumed innocent until proven guilty of those charges.
A copy of the complaint is available here.