Iowa Admin. Code r. 481-1.4 - Subpoenas
(1)
Issuance of subpoenas. The director, or designee of the
director, is authorized to issue subpoenas in accordance with the provisions of
Iowa Code sections 10A.104(6),
10A.209, and
17A.13. In connection with
audits, appeals, investigations, inspections, hearings, and any other
permissible matters conducted by the department, the director, or designee of
the director, may, upon written request or the director's own initiative, issue
the following:
a. Subpoenas duces tecum for
the production and delivery of books, papers, records, and other real evidence;
and
b. Subpoenas for the appearance
of persons to provide statements, statements under oath, and
depositions.
(2)
Contents of subpoenas. Each subpoena shall contain the
following:
a. The name and address of the
person to whom the subpoena is directed;
b. The date, time, and location for the
appearance of the person;
c. A
description of the books, papers, records, or other real evidence
requested;
d. The date, time, and
location for production, inspections, or copying of the books, papers, records,
or other real evidence;
e. The
signature and address of the director or designee;
f. The name, address, and telephone number of
a department employee who can be contacted for purposes of providing
clarification or assistance in compliance with the subpoena;
g. The date of issuance; and
h. A return of service.
(3)
Motions to quash or modify
subpoena. A person who desires to challenge a subpoena directed to
that person must, within ten days after service of the subpoena, or before the
time specified for compliance, if such time is less than ten days, file with
the director a motion to quash or modify the subpoena. Upon receipt of a timely
motion to quash or modify a subpoena, the director or the director's designee
may issue a decision or request an administrative law judge to issue a
decision. Oral argument may be scheduled and conducted at the discretion of the
director, the director's designee, or the administrative law judge. The
director, the director's designee, or the administrative law judge may quash or
modify the subpoena, deny the motion, or issue other appropriate orders. A
person who is aggrieved by a ruling of an administrative law judge and who
desires to challenge that ruling must appeal the ruling to the director by
serving the director, either in person or by certified mail, a notice of appeal
within ten days after service of the decision of the administrative law judge.
The decision of the director or the director's designee is final for purposes
of judicial review.
(4)
Failure to comply with subpoena. If the person to whom the
subpoena is directed refuses or fails to obey the subpoena, the director, or
the director's designee, may cause a petition to be filed in the Iowa district
court seeking an order for the person's compliance.
Notes
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The investigations division of the department conducts criminal, civil, and administrative investigations of fraud and misconduct. The division also conducts audits of health care facilities. Staff within the division work closely with federal, state, and local partners in identifying fraud, waste, and abuse and, where appropriate, presenting cases for criminal prosecution.
(1) Units of the division. The division is comprised of the following units.
a. Audit unit. The audit unit audits health and human services health care facilities to review and verify facility resident billing and personal allowance accounts and to determine whether state billings accurately reflect the health care facility census. The unit audits local department of human services offices to review and verify whether administrative expense claims and official receipts are in accordance with the criteria set forth in 2 CFR Part 200 and state law.
b. Economic fraud control bureau (EFCB). The economic fraud control bureau investigates recipient public assistance fraud and supplemental nutrition assistance program (SNAP) trafficking. Division staff investigate suspected fraud and assist the department of human services to determine eligibility for public assistance. Division staff may conduct investigations relative to the administration of any other state or federal benefit assistance program. Division staff may also conduct investigations relative to the internal affairs and operations of agencies and departments within the executive branch of state government, except for institutions governed by the state board of regents.
c. Medicaid fraud control unit (MFCU). The Medicaid fraud control unit investigates allegations of fraud committed by providers against the Medicaid program as well as fraud in the administration of the Medicaid program. MFCU also investigates abuse, neglect or other crimes committed upon residents in care facilities or related programs that receive funding from the Medicaid program.
d. Public assistance debt recovery unit (PADRU). The public assistance debt recovery unit investigates and initiates collections of overpayment debts owed to the department of human services.
(2) Peace officer status. Pursuant to Iowa Code section 10A.403, investigators assigned to the division shall have the powers and authority of peace officers when acting within the scope of their responsibilities to conduct investigations as specified in Iowa Code section 10A.402(5). An investigator shall not carry a weapon to perform responsibilities as described in this subrule.
This rule is intended to implement Iowa Code sections 10A.401 to 10A.403.