NRS 228.411 Authority of Attorney General to subpoena and use certain documents, records, materials, testimony and answers; order to compel compliance with subpoena; required contents of subpoena.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. In carrying out the duties and responsibilities under NRS 228.410 , the Attorney General, acting through the chief executive of the Medicaid Fraud Control Unit or his or her designee, may issue a subpoena to compel a person to:

(a)Produce documents, records or materials;

(b)Appear and be examined under oath;

(c)Answer written interrogatories under oath; or

(d)Perform any combination of the actions described in paragraphs (a),

(b)and (c).

2. The Attorney General may use any documents, records, materials, testimony or answers produced pursuant to a subpoena issued under this section in the course of a civil action brought pursuant to NRS 228.410 . The Attorney General may not use any documents, records, materials, testimony or answers produced pursuant to a subpoena issued under this section in the course of a criminal action.

3. If a person fails or refuses to comply with a subpoena issued pursuant to this section, the Attorney General may petition the district court in the county in which the person resides or has his or her principal place of business. Upon the filing of such a petition, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to the parties.

4. Except as otherwise provided in subsection 5, the court shall enter an order compelling compliance with the subpoena if, at the hearing, the court finds that:

(a)The subpoena was properly issued;

(b)There is reasonable cause to believe that a violation of NRS 422.540 to 422.570 , inclusive, or any fraud in the administration of the Plan or in the provision of medical assistance pursuant to the Plan has occurred or is occurring; and

(c)The document, record, material, testimony or answer is relevant to the investigation of the Attorney General.

5. The court may, on motion by the person upon whom the subpoena was served and upon a showing of good cause, modify the order issued pursuant to subsection 4 or issue any further order that justice may require to protect the person from unreasonable annoyance, embarrassment, oppression, burden or expense.

6. A subpoena issued pursuant to this section must include a copy of the provisions of subsections 1 to 5, inclusive.

7. As used in this section, “Plan” has the meaning ascribed to it in NRS 228.410 .

INSURANCE FRAUD