Federal prosecutors are increasingly turning to the HIPAA subpoena to support investigations as the Justice Department continues to crack down on criminal healthcare cases, according to a Sept. 21 JD Supra report.
Five things to know:
1. HIPAA subpoenas are administrative subpoenas that let Justice Department prosecutors compel documents in any investigation involving a healthcare offense.
2. While the act of compelling documents can also be achieved by issuing a federal grand jury subpoena, the HIPAA subpoena lets federal prosecutors share the gathered information with the civil DOJ attorneys pursuing a related civil investigation. A federal grand jury subpoena does not give prosecutors the same abilities.
3. The expanded use of the HIPAA subpoena by federal prosecutors has led to an increase in parallel healthcare investigations in which criminal and civil Justice Department attorneys work together, according to the report.
4. The collaboration between criminal and civil Justice Department attorneys can be more efficient because criminal and civil healthcare statutes often control the same conduct. For example, submitting fraudulent claims for payment of federal healthcare money and paying kickbacks in exchange for healthcare referrals violates the False Claims Act, which is a civil statute, and criminal anti-kickback and healthcare fraud statutes.
5. Providers should be aware that HIPAA subpoenas are criminal subpoenas and typically mean the Justice Department is conducting parallel criminal and civil investigations.
Click here to view the full report.