§ 5-11-5.7-15 — Issuer of civil investigative demand as custodian; transmittal and possession of documents; copies; restricted availability of documents; return of materials

Indiana § 5-11-5.7-15

• 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) The official who issued the civil
investigative demand is the custodian of the documentary material,
answers to interrogatories, and transcripts of oral testimony received
under this chapter.
(b) An investigator who receives documentary material, answers to
interrogatories, or transcripts of oral testimony under this section shall
transmit them to the official who issued the civil investigative demand.
The official shall take physical possession of the material, answers, or
transcripts and is responsible for the use made of them and for the
return of documentary material.
(c) The official who issued the civil investigative demand may make
copies of documentary material, answers to interrogatories, or
transcripts of oral testimony as required for official use by the attorney
general, the inspector general, or the state police. The material,
answers, or transcripts may be used in connection with the taking of
oral testimony under this chapter.
(d) Except as provided in subsection (e), documentary material,
answers to interrogatories, or transcripts of oral testimony, while in the
possession of the official who issued the civil investigative demand,
may not be made available for examination to any person other than:
(1) the attorney general or designated personnel of the attorney
general's office;
(2) the inspector general or designated personnel of the inspector
general's office; or
(3) an officer of the state police who has been authorized by the
official who issued the civil investigative demand.
(e) The restricted availability of documentary material, answers to
interrogatories, or transcripts of oral testimony does not apply:
(1) if the person who provided:
(A) the documentary material, answers to interrogatories, or
oral testimony; or
(B) a product of discovery that includes documentary material,
answers to interrogatories, or oral testimony;
consents to disclosure;
(2) to the general assembly or a committee or subcommittee of the
general assembly; or
(3) to a state agency that requires the information to carry out its
statutory responsibility.
Documentary material, answers to interrogatories, or transcripts of oral
testimony requested by a state agency may be disclosed only under a
court order finding that the state agency has a substantial need for the
use of the information in carrying out its statutory responsibility.
(f) While in the possession of the official who issued the civil
investigative demand, documentary material, answers to
interrogatories, or transcripts of oral testimony shall be made available
to the person, or to the representative of the person who produced the
material, answered the interrogatories, or gave oral testimony. The
official who issued the civil investigative demand may impose
reasonable conditions upon the examination or use of the documentary
material, answers to interrogatories, or transcripts of oral testimony.
(g) The official who issued the civil investigative demand and any
attorney employed in the same office as the official who issued the civil
investigative demand may use the documentary material, answers to
interrogatories, or transcripts of oral testimony in connection with a
proceeding before a grand jury, a court, or an agency. Upon the
completion of the proceeding, the attorney shall return to the official
who issued the civil investigative demand any documentary material,
answers to interrogatories, or transcripts of oral testimony that are not
under the control of the grand jury, court, or agency.
(h) Upon written request of a person who produced documentary
material in response to a civil investigative demand, the official who
issued the civil investigative demand shall return any documentary
material in the official's possession to the person who produced
documentary material, if:
(1) a proceeding before a grand jury, a court, or an agency
involving the documentary material has been completed; or
(2) a proceeding before a grand jury, a court, or an agency
involving the documentary material has not been commenced
within a reasonable time after the completion of the investigation.
The official who issued the civil investigative demand is not required
to return documentary material that is in the custody of a grand jury, a
court, or an agency.

Legislative History

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