When the government or a private party investigates a claim of health care fraud under the False Claims Act or other statutes, they may issue subpoenas to companies named in the lawsuit and other parties they think have relevant information. If your health care practice or facility receives a subpoena in a lawsuit or investigation, you should take action right away. These five next steps can help your business respond to the subpoena appropriately and stay in line with federal and state law.

1. Reach Out to Your Lawyer

The first step when responding to a subpoena is to contact your lawyer. Counsel can help you get the full picture of the subpoena to understand the information it asks for, any risks associated with it, and your company's role in the lawsuit or investigation.

2. Stop Document Destruction Processes

When you receive a subpoena, you should immediately stop your normal document destruction processes. This way, you won't accidentally get rid of or be accused of intentionally destroying any documents that may be responsive to the subpoena. Destroying responsive documents could put you at risk for civil fines and claims, and even potential claims of obstruction of justice.

3. Identify Everyone Involved

To fully respond to the subpoena, you need to have all of the information about the issue it concerns. Identifying everyone on your staff that's involved with the matter will help you collect all relevant witnesses and information to provide a complete subpoena response.

4. Develop a Litigation Hold Letter

Next, coordinate with your lawyer to develop a litigation hold letter. This letter fulfills your duty to preserve information and makes sure you're aware of everyone who might have responsive information.

5. Compile Responsive Information

When you receive a subpoena, certain legal obligations come with it. Your legal counsel can help you compile all of the documents and information you'll need to provide the government or other party to meet these obligations.

What Not to Do When You Get a Subpoena

  • Don't ignore the subpoena, hoping it will all just go away.
  • Don't call the party or lawyer that issued the subpoena. All communication should go through your lawyer to preserve privilege. And when your counsel knows what's said, they can better understand what the other party is asking for and help you respond to any questions.
  • Don't get rid of any information, even if you don't think it's relevant. Your lawyer can help you look at the documents you have to see what falls under the subpoena's requests.

 

Whether you're named in a lawsuit or just a person of interest being asked for information, you should take subpoenas seriously. These steps will help you fully cooperate with the request while protecting your business. If you have any questions or need compliance advice or guidance, please contact George Morris, Mike Hurst or another member of Phelps' Health Care team. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.