§ 5-11-5.7-12 — Demand limitations if disclosure is protected; civil investigative demand supersedes contrary orders, rules, provisions that prevent or restrict disclosure; does not constitute waiver of a right or privilege

Indiana § 5-11-5.7-12

• 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 may not require the production of any documentary
material, the submission of any answers to written interrogatories, or
the giving of any oral testimony if the material, answers, or testimony
would be protected from disclosure under the standards applicable:
(1) to a subpoena or subpoena duces tecum issued by a court to
aid in a grand jury investigation; or
(2) to a discovery request under the rules of trial procedure;
to the extent that the application of these standards to a civil
investigative demand is consistent with the purposes of this chapter.
(b) A civil investigative demand that is a specific demand for a
product of discovery supersedes any contrary order, rule, or statutory
provision, other than this section, that prevents or restricts disclosure
of the product of discovery. Disclosure of a product of discovery under
a specific demand does not constitute a waiver of a right or privilege
that the person making the disclosure may be otherwise entitled to
invoke to object to discovery of trial preparation materials.

Legislative History

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