ND HB1434

Amends section 50-24.8-12 of the North Dakota Century Code to allow the attorney general or designee to issue investigative demands or administrative subpoenas to obtain documentary material, written answers, or oral testimony relevant to Medicaid fraud investigations.

Attorney general may file a petition in district court to enforce compliance with investigative demands or subpoenas, and if the court finds the demand proper, it may grant injunctive relief and award the attorney general reasonable attorney's fees and costs.

All testimony and material produced under investigative demands or subpoenas must remain confidential before civil action is brought, unless confidentiality is waived by both the investigated person and the witness/producer, authorized by court, shared with other law enforcement agencies, or disclosed to non-law enforcement investigative partners deemed necessary for the investigation.

Information obtained may be shared with persons who initiated the action if the attorney general determines it is necessary for the investigation and the person agrees to comply with confidentiality provisions.

Active investigation records of the Medicaid fraud control unit are exempt records unless the investigation is closed and not referred for further investigation or adjudication.