Handling Freedom of Information Act (FOIA) and Subpoena Duces Tecum

10.5 – Handling Freedom of Information Act (FOIA) and Subpoena Duces Tecum Received by the MSP Contractors (Rev. 12438; Issued: 01-04-24; Effective: 02-06-24; Implementation: 02-06-24) If MSP Contractors directly receive any kind of Freedom of Information Act (FOIA) request, a subpoena duces tecum (i.e., subpoenas for records), or any other kind of a subpoena from a third party, it shall immediately refer the request and all associated documentation to CMS for review. MSP Contractors shall address all CMS-sourced FOIA requests and subpoenas immediately.