ARM 37.6.102. SUBPOENA

(1) The Department of Public Health and Human Services (department) Office of Inspector General (OIG) has the authority, when conducting investigations, to issue subpoenas to compel the production of financial records, documents, records, or data, including information in electronic form, relevant to its investigation of fraud, waste, and abuse in health care services and public assistance programs administered by the department as defined in ARM Title 37. (2) A subpoena may be directed to enrolled or formally enrolled Montana Medicaid or CHIP providers, recipients of public assistance, or other third parties in possession or knowledge of documents or records deemed relevant and material to the inquiry. (3) OIG shall issue a subpoena only when the person who is the subject of the investigation fails to voluntarily provide the information and the information is otherwise unavailable to OIG through less intrusive means. (4) The subpoena request must be signed by the director of the department and the inspector general. (5) Investigative subpoenas issued under this rule may be enforced as provided by 2-4-104, MCA.