Indiana Code
Chapter 5.7. Medicaid False Claims and Whistleblower Protection
5-11-5.7-12. Demand Limitations if Disclosure Is Protected; Civil Investigative Demand Supersedes Contrary Orders, Rules, Provisions That Prevent or Restrict Disclosure; Does Not Constitute Waiver of a Right or Privilege

Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be protected from disclosure under the standards applicable:
(1) to a subpoena or subpoena duces tecum issued by a court to aid in a grand jury investigation; or
(2) to a discovery request under the rules of trial procedure;
to the extent that the application of these standards to a civil investigative demand is consistent with the purposes of this chapter.
(b) A civil investigative demand that is a specific demand for a product of discovery supersedes any contrary order, rule, or statutory provision, other than this section, that prevents or restricts disclosure of the product of discovery. Disclosure of a product of discovery under a specific demand does not constitute a waiver of a right or privilege that the person making the disclosure may be otherwise entitled to invoke to object to discovery of trial preparation materials.
As added by P.L.197-2013, SEC.1.

Structure Indiana Code

Indiana Code

Title 5. State and Local Administration

Article 11. Accounting for Public Funds

Chapter 5.7. Medicaid False Claims and Whistleblower Protection

5-11-5.7-1. Application; Definitions

5-11-5.7-2. Liability for Presenting, Making, or Using False Claims, False Records or Statements, Conspiracy

5-11-5.7-3. Concurrent Jurisdiction to Investigate; Civil Action; Certification of Findings; Intervention; Disqualification

5-11-5.7-4. Civil Action for Violations on Behalf of a Person or the State; Requirements; Dismissal of Claim; Serving of Complaint; Extensions of Time; Intervention

5-11-5.7-5. Attorney General and Inspector General Responsibilities in Intervention; Dismissal of Action; Settlement of Action; Limitations

5-11-5.7-6. Entitlement for Person Who Initially Filed Complaint; Attorney's Fees and Costs; State Not Liable for Expenses and Costs

5-11-5.7-7. No Court Jurisdiction for Actions Brought by Incarcerated Offenders, Actions Brought Against Certain Officeholders, Actions Subject to Civil Suit or Criminal Prosecution, or Actions Based on Information Contained in Specified Documents

5-11-5.7-8. Entitled Relief for Employees, Contractors, or Agents; Three Year Limitation

5-11-5.7-9. Subpoena; Barring of Civil Action Timing; Establishment of Elements of Offense and Damages by Preponderance of the Evidence; Estoppel if Conviction of Crime Involving Fraud or False Statements

5-11-5.7-10. Issuance of Civil Investigative Demand Concerning Documents and Information; Requirements

5-11-5.7-11. Civil Investigative Demand Include Description of Conduct Constituting Violation Involving a False Claim; Requirements; Return; Date for Oral Testimony Requirements

5-11-5.7-12. Demand Limitations if Disclosure Is Protected; Civil Investigative Demand Supersedes Contrary Orders, Rules, Provisions That Prevent or Restrict Disclosure; Does Not Constitute Waiver of a Right or Privilege

5-11-5.7-13. Service of Investigative Demand

5-11-5.7-14. Production of Documentary Material, Interrogatories, and Examinations in Accordance With Rules of Civil Procedure

5-11-5.7-15. Issuer of Civil Investigative Demand as Custodian; Transmittal and Possession of Documents; Copies; Restricted Availability of Documents; Return of Materials

5-11-5.7-16. Sanctions for Failure to Comply; Protective Order

5-11-5.7-17. Confidentiality of Material and Information

5-11-5.7-18. Proceedings Governed by Indiana Rules of Trial Procedure