[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Page 14304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6509]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
Joseph A. Zadrozny, M.D.; Revocation of Registration
On November 7, 1994, the Deputy Assistant Administrator, Office of
Diversion Control, Drug Enforcement Administration (DEA), issued an
Order to Show Cause to Joseph A. Zadronsky, M.D., of Waltham,
Massachusetts. The Order to Show Cause proposed to revoke Dr.
Zadrozny's DEA Certificate of Registration, AZ1230426, under 21 U.S.C.
824(a)(3) and 824(a)(5), and deny any pending applications for renewal
of such registration under 21 U.S.C. 823(f).
The Order to Show Cause was served on Dr. Zadrozny on November 14,
1994. More than thirty days have passed since the Order to Show Cause
was received by Dr. Zadrozny. The Drug Enforcement Administration has
received no response from Dr. Zadrozny or anyone purporting to
represent him.
Pursuant to 21 CFR 1301.54(d), the Deputy Administrator finds that
Dr. Zadrozny has waived his opportunity for a hearing. Accordingly,
under the provisions of 21 CFR 1301.54(e) and 1301.57, the Deputy
Administrator enters his final order in this matter without a hearing
and based on the investigative file.
The Deputy Administrator finds that between July and October 1988,
Dr. Zadrozny submitted claims for medical services under the Medicaid
program of the Massachusetts Department of Public Welfare, and received
a total of $10,907 in payments. In addition, Dr. Zadrozny billed for
services not performed in the treatment of patients involved in
automobile accidents. These claims were later determined to be
fraudulent since there was no evidence that Dr. Zadrozny actually
performed these medical services.
On November 25, 1991, in the Suffolk County Superior Court,
Commonwealth of Massachusetts, Dr. Zadrozny was charged with 43 felony
counts related to the filing of false Medicaid claims and larceny.
Following a jury trial, on August 28, 1992, Dr. Zadrozny was found
guilty of one felony count of Medicaid fraud and a second count of
larceny. Dr. Zadrozny was sentenced to two years imprisonment, with 18
months suspended, and placed on two years probation.
As a result of his program related convictions, effective March 4,
1993, the Department of Health and Human Services mandatorily excluded
Dr. Zadrozny from participation in the Medicare program for a period of
five years pursuant to 42 U.S.C. 1320a-7(a). Pursuant to 21 U.S.C.
824(a)(5), such exclusion constitutes a basis for the revocation of Dr.
Zadrozny's DEA Certificate of Registration.
On November 18, 1992, the Massachusetts Board of Registration in
Medicine (Board) issued a Statement of Allegations proposing to
discipline Dr. Zadrozny based upon his criminal convictions; his
excessive and fraudulent billing for services not performed under the
Medicaid program; and his failure to maintain adequate medical records.
On June 8, 1994, the Board revoked Dr. Zadrozny's license to practice
medicine, and as a result, his Massachusetts controlled substance
registration was automatically terminated.
The Deputy Administrator finds that as of June 8, 1994, Dr.
Zadrozny was no longer authorized to handle controlled substances in
the Commonwealth of Massachusetts. The Drug Enforcement Administration
cannot register or maintain the registration of a practitioner who is
not duly authorized to handle controlled substances in the state in
which he conducts his business. 21 U.S.C. 802(21), 823(f) and
824(a)(3). This prerequisite has been consistently upheld. See James H.
Nickens, M.D., 57 FR 59847 (1992); Elliott Monroe, M.D., 57 FR 23246
(1992); Bobby Watts, M.D., 53 FR 11919 (1988).
The Deputy Administrator finds that grounds exist to revoke Dr.
Zadrozny's DEA registration under 21 U.S.C. 824(a)(3) and (a)(5). No
evidence of explanation or mitigating circumstances was offered by Dr.
Zadrozny. Therefore, it is clear that Dr. Zadrozny's DEA Certificate of
Registration must be revoked.
Accordingly, the Deputy Administrator of the Drug Enforcement
Administration, pursuant to the authority vested in him by 21 U.S.C.
823 and 824 and 28 CFR 0.100(b), hereby orders that DEA Certificate of
Registration, AZ1230426, previously issued to Joseph A. Zadrozny, M.D.,
be, and it hereby is, revoked and that any pending applications for
renewal of such registration be, and they hereby are, denied. This
order is effective April 17, 1995.
Dated: March 10, 1995.
Stephen H. Greene,
Deputy Administrator.
[FR Doc. 95-6509 Filed 3-15-95; 8:45 am]
BILLING CODE 4410-09-M
