§ 50-24.8-12 — Investigative demands and administrative subpoenas - Failure to comply - Confidentiality

North Dakota § 50-24.8-12

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-24.8: Medicaid Fraud Control Unit

Text

Confidentiality.
1. If the attorney general, or a designee, has reason to believe a person may be in
possession, custody, or control of documentary material or information relevant to an
investigation under this chapter, the attorney general, or a designee, may, before
commencing a proceeding under section 50-24.8-04 issue in writing and cause to be
served upon the person, an investigative demand or administrative subpoena requiring
the person to, under oath:
a. Produce the documentary material for inspection and copying, including exempt
and confidential records;
b. Answer in writing written interrogatories with respect to the documentary material
or information;
c. Give oral testimony concerning the subject matter of the investigation, including
any documentary material or information; or
d. Furnish any combination of the material, answers, or testimony.
2. If a person objects to or otherwise fails to comply with an investigative demand or
administrative subpoena served upon that person under subsection 1, the attorney
general may file in the district court a petition for an order to enforce the demand or
subpoena. If the court finds the demand or subpoena is proper, the court shall order
the person to comply with the demand or subpoena and may grant such injunctive or
other relief as may be required until the person complies with the demand or
subpoena. Notice of hearing on the petition and a copy of the petition must be served
upon the person that may appear in opposition to the petition. If the attorney general
prevails in an action brought under this subsection, the court shall award to the
attorney general reasonable attorney's fees, costs, and expenses incurred in bringing
the action.
3. Any testimony taken or material produced under this section must be kept confidential
by the attorney general before bringing an action against a person under this chapter
for the violation under investigation, unless:
a. Confidentiality is waived by the person being investigated and the person that
testified, answered interrogatories, or produced material;
b. Disclosure is authorized by the court;
c. Disclosure is made to other law enforcement agencies; or
d. Disclosure is made to non-law enforcement investigative partners with which the
attorney general deems necessary to collaborate to complete the investigation.
4. Disclosure pursuant to this section is not a violation of section 12.1-13-01.
5. An active investigation record of the Medicaid fraud control unit is an exempt record
unless the investigation is closed and not referred for further investigation or
adjudication.