Texas Statutes
Subchapter C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges
Section 531.1021. Subpoenas

Sec. 531.1021. SUBPOENAS. (a) The office of inspector general may issue a subpoena in connection with an investigation conducted by the office. A subpoena may be issued under this section to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with a subpoena, the office, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.
(d) On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.
(e) The office shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the office may charge for copies of its records.
(f) The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103.
(g) All information and materials subpoenaed or compiled by the office in connection with an audit, inspection, or investigation or by the office of the attorney general in connection with a Medicaid fraud investigation are confidential and not subject to disclosure under Chapter 552, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the office or the attorney general or their employees or agents involved in the audit, inspection, or investigation conducted by the office or the attorney general, except that this information may be disclosed to the state auditor's office, law enforcement agencies, and other entities as permitted by other law.
(h) A person who receives information under Subsection (g) may disclose the information only in accordance with Subsection (g) and in a manner that is consistent with the authorized purpose for which the person first received the information.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.20, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 18(b), eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.134, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 945 (S.B. 207), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 277 (H.B. 2379), Sec. 2, eff. May 29, 2017.

Structure Texas Statutes

Texas Statutes

Government Code

Title 4 - Executive Branch

Subtitle I - Health and Human Services

Chapter 531 - Health and Human Services Commission

Subchapter C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges

Section 531.101. Award for Reporting Medicaid Fraud, Abuse, or Overcharges

Section 531.1011. Definitions

Section 531.102. Office of Inspector General

Section 531.1021. Subpoenas

Section 531.1022. Peace Officers

Section 531.1023. Compliance With Federal Coding Guidelines

Section 531.1024. Hospital Utilization Reviews and Audits: Provider Education Process

Section 531.1025. Performance Audits and Coordination of Audit Activities

Section 531.103. Interagency Coordination

Section 531.1031. Duty to Exchange Information

Section 531.1032. Office of Inspector General: Criminal History Record Information Check

Section 531.1033. Monitoring of Certain Federal Databases

Section 531.1034. Time to Determine Provider Eligibility; Performance Metrics

Section 531.104. Assisting Investigations by Attorney General

Section 531.105. Fraud Detection Training

Section 531.106. Learning, Neural Network, or Other Technology

Section 531.1061. Fraud Investigation Tracking System

Section 531.1062. Recovery Monitoring System

Section 531.108. Fraud Prevention

Section 531.1081. Integrity of Certain Public Assistance Programs

Section 531.109. Selection and Review of Claims

Section 531.110. Electronic Data Matching Program

Section 531.111. Fraud Detection Technology

Section 531.1112. Study Concerning Increased Use of Technology to Strengthen Fraud Detection and Deterrence; Implementation

Section 531.112. Expunction of Information Related to Certain Chemical Dependency Diagnoses in Certain Records

Section 531.113. Managed Care Organizations: Special Investigative Units or Contracts

Section 531.1131. Fraud and Abuse Recovery by Certain Persons; Retention of Recovered Amounts

Section 531.1132. Annual Report on Certain Fraud and Abuse Recoveries

Section 531.1135. Managed Care Organizations: Process to Recoup Certain Overpayments

Section 531.114. Financial Assistance Fraud

Section 531.115. Federal Felony Match

Section 531.116. Compliance With Law Prohibiting Solicitation

Section 531.117. Recovery Audit Contractors

Section 531.118. Preliminary Investigations of Allegations of Fraud or Abuse and Fraud Referrals

Section 531.119. Website Posting

Section 531.120. Notice and Informal Resolution of Proposed Recoupment of Overpayment or Debt

Section 531.1201. Appeal of Determination to Recoup Overpayment or Debt

Section 531.1202. Record and Confidentiality of Informal Resolution Meetings

Section 531.1203. Rights of and Provision of Information to Pharmacies Subject to Certain Audits