§ 5-11-5.7-11 — Civil investigative demand include description of conduct constituting violation involving a false claim; requirements; return; date for oral testimony requirements

Indiana § 5-11-5.7-11

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 5.7: Medicaid False Claims and Whistleblower Protection

Text

(a) A civil investigative demand issued
under this chapter must describe the conduct constituting a violation
involving a false claim that is under investigation and the statute or rule
that has been violated.
(b) If a civil investigative demand is for the production of
documentary material, the civil investigative demand must:
(1) describe each class of documentary material to be produced
with sufficient specificity to permit the material to be fairly
identified;
(2) prescribe a return date for each class of documentary material
that provides a reasonable period of time to assemble and make
the material available for inspection and copying; and
(3) identify the official to whom the material must be made
available.
(c) If a civil investigative demand is for answers to written
interrogatories, the civil investigative demand must:
(1) set forth with specificity the written interrogatories to be
answered;
(2) prescribe the date by which answers to the written
interrogatories must be submitted; and
(3) identify the official to whom the answers must be submitted.
(d) If a civil investigative demand requires oral testimony, the civil
investigative demand must:
(1) prescribe a date, time, and place at which oral testimony will
be given;
(2) identify the official who will conduct the examination and the
custodian to whom the transcript of the examination will be
submitted;
(3) specifically state that attendance and testimony are necessary
to the conduct of the investigation;
(4) notify the person receiving the demand that the person has the
right to be accompanied by an attorney and any other
representative; and
(5) describe the general purpose for which the demand is being
issued and the general nature of the testimony, including the
primary areas of inquiry.
(e) A civil investigative demand that is a specific demand for a
product of discovery may not be returned until at least twenty-one (21)
days after a copy of the civil investigative demand has been served on
the person from whom the discovery was obtained.
(f) The date prescribed for the giving of oral testimony under a civil
investigative demand issued under this chapter must be a date that is
not less than seven (7) days after the date on which the demand is
received, unless the official issuing the demand determines that
exceptional circumstances are present that require an earlier date.
(g) The official who issues a civil investigative demand may not
issue more than one (1) civil investigative demand for oral testimony
by the same person, unless:
(1) the person requests otherwise; or
(2) the official who issues a civil investigative demand, after
conducting an investigation, notifies the person in writing that an
additional civil investigative demand for oral testimony is
necessary.

Legislative History

As added by P.L.197-2013, SEC.1.