§ 108A-63.1. Health care fraud subpoena to produce documents. - North Carolina Statutes

§ 108A‑63.1.  Healthcare fraud subpoena to produce documents.

(a)        The AttorneyGeneral, acting through the Medicaid Investigations Unit of the Department ofJustice, may, when engaged in an investigation of an alleged violation of G.S.108A‑63 and prior to the arrest of a suspect, issue in writing and causeto be served a subpoena to produce documents upon any corporation orgovernmental entity requiring the production of any records, books, papers,electronic media, objects, or other documents which may be relevant to acriminal investigation of a violation of G.S. 108A‑63.

(b)        A subpoena underthis section may require the custodian of records of the corporation orgovernmental entity to produce an affidavit certifying that the custodian madea thorough and diligent search for the documents requested and that thedocuments produced constitute all the records requested to the best of thecustodian's knowledge, information, and belief.

(c)        A subpoena underthis section shall describe the documents required to be produced and prescribea return date within a reasonable period of time, of no less than 20 days fromthe date of service, within which the documents can be assembled and madeavailable.

(d)        A corporation orgovernmental entity may comply with a subpoena issued under this section bydelivering the documents to the Medicaid Investigations Unit by any of thefollowing methods:

(1)        By hand delivery.

(2)        By mailing thedocuments by certified mail.

(3)        By making thedocuments reasonably available for transfer to an agent of the MedicaidInvestigations Unit at a place of business of the corporation or governmentalentity.

(4)        If agreed to by theMedicaid Investigations Unit and the corporation or governmental entity, by anyother means.

(e)        A corporation or governmentalentity may move to quash or modify a subpoena issued under this section if itis oppressive or unreasonable or does not comply with the requirements of thissection. The motion must be made before the time specified in the subpoena forproduction and may be made before a judge of the superior court.

(f)         In the case offailure by any corporation or governmental entity without adequate excuse toobey a subpoena issued under this section, the Attorney General may invoke theaid of a judge of the superior court. The court may issue an order requiringthe subpoenaed corporation or governmental entity to appear before the AttorneyGeneral to produce records. Failure to obey the order of the court may bepunished as contempt of court.  (2009‑554, s. 2.)