Subpoena for Program Records

3350 - Subpoena for Program Records (Rev. 1, 05-21-04) When one of the officers or employees of an SA is served with a subpoena or other legal proceeding to produce title XVIII and/or title XIX records or CLIA records, whether or not the information is partly or wholly disclosable, accept the subpoena. The SA should immediately notify its legal advisor or counsel and the RO of receipt of the subpoena, and provide copies of the subpoena and other pertinent documents to both. The SA determines whether the subpoenaed records and information are routinely disclosable to the public or contain confidential information that is normally withheld. The SA includes this information with the notification. The SA should place the subpoenaed records and information in a secure area to prevent unauthorized disclosure and assure the availability to counsel for review. If not included in the subpoena but known to the SA, it informs its legal advisor and the RO of the names, addresses, and telephone numbers of the presiding judge and attorneys, and the purpose of the subpoena. After the RO receives the materials, it coordinates with the SA legal advisor and takes other actions necessary to assist the SA. After consultation with the SA, the RO and the SA legal advisor determine whether the SA must produce the subpoenaed records and information and if so, notify the SA director to comply. If it is determined that all or part of the subpoenaed records and information are to be withheld, the RO and/or SA legal advisor represents the SA in dealing with the court of jurisdiction and enter the motions to quash the subpoena, based on the provisions of §1106 of the Act which prohibits disclosure of confidential records and information and other pertinent statutes and regulations.