Responding to CIDs and HIPAA Subpoenas in FCA Investigations

The DOJ obtained over $4.7 billion in civil fraud and false claims settlements and judgments on behalf of the government in fiscal year 2016, more than half that amount from the healthcare industry. Further, state Medicaid programs recovered additional millions of dollars.

When investigating healthcare fraud and in FCA cases, the government will serve CIDs as well as HIPAA subpoenas to obtain documentary evidence. In FCA investigations, CIDs and HIPAA subpoenas often target protected health information (PHI), creating a risk that PHI will be improperly exposed.

Healthcare providers and their counsel should proceed cautiously when responding to CIDs or HIPAA subpoenas. Counsel must act to minimize the scope of disclosure and evaluate the need for a confidentiality agreement to mitigate the risk of inadvertent disclosure of PHI or privileged information when complying with the CID and subpoena demands.

Listen as our authoritative panel of healthcare attorneys examines CIDs and HIPAA subpoenas in the context of healthcare fraud and FCA investigations. The panel will provide guidance on how to respond to each while protecting patient information.

1. CIDs and HIPAA subpoenas in healthcare fraud and FCA investigations
2. Responding to CIDs
3. Responding to HIPAA subpoenas
4. Maintaining patient confidentiality

The panel will review these and other key issues:

• What risks do counsel to healthcare providers face when responding to CIDs and HIPAA subpoenas in fraud investigations?
• What are key considerations for counsel when developing a response strategy?
• What steps can counsel take to protect patient privacy and ensure HIPAA compliance when responding to CIDs and HIPAA subpoenas?