State Survey Agency Treatment of Subpoenas Duces Tecum for Federal and Joint Federal/State Documents
Guidance for the handling of subpoenas duces tecum that seek disclosure of records in the possession of the State Survey Agency (SA) as a result of the SA’s implementation of its Agreement with the Secretary, Health and Human Services under §1864 of the Social Security Act (§ 1864 Agreement). Guidance contained herein is based upon 45 C.F.R. Part 2, as amended by 73 FR 53148, dated September 15, 2008.1
Issued by: Centers for Medicare & Medicaid Services (CMS)
Issue Date: October 02, 2009
DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.