Title 49, Chapter 4, Section 151
( 49-4-151)
(a) The commissioner, for the purposes of investigating the nature,
amount, and extent of services provided to a recipient of medical
assistance or auditing information submitted to the department
concerning a provider's entitlement to an amount of medical
assistance, is authorized, personally or by his duly authorized
representative, to administer oaths and to examine and copy books,
papers, records (medical, business, or otherwise), or memoranda of a
provider or of any other person possessed of information relating to
reimbursable costs claimed by a provider or otherwise relating to
the amount of medical assistance to which a provider is entitled.
The commissioner may compel such examinations by means of subpoenas
issued to require the custodian of such items to produce them for
examination. A subpoena may be served by any sheriff, by his
deputy, or by any other person not less than 18 years of age. Proof
may be shown by return of certificate endorsed on a copy of the
subpoena. Subpoenas may also be served by registered or certified
mail or statutory overnight delivery, and the return receipt shall
constitute prima-facie proof of service. If any person shall fail
to obey a subpoena issued and served under this subsection, then
upon application of the commissioner, the superior court of the
county in which such custodian was required to appear may issue an
order requiring such custodian to comply with the subpoena and to
produce the subpoenaed documentation. Furthermore, if any provider
shall fail to obey a subpoena issued and served under this
subsection with respect to any matter concerning a claim for medical
assistance, that claim for medical assistance shall not be
reimbursed by the Department of Community Health; and, if already
reimbursed, the amount of medical assistance reimbursed shall be
deducted from any amount of medical assistance which may then be or
thereafter become payable to such provider. (b) In the course of conducting investigations and audits, the
Department of Community Health may request from any governmental
department, board, commission, bureau, or agency information and
assistance pertinent thereto. The Department of Community Health
shall be entitled to have access to all such pertinent information
which is within the custody of any governmental department, board,
commission, bureau, or agency. |