WES MOORE, Governor Ch. 140
– 1 –
Chapter 140
(House Bill 1002)
AN ACT concerning
Maryland Department of Health – Office of the Attorney General – Investigative
Authority – Health Care Fraud
FOR the purpose of authorizing the Office of the Attorney General, a Deputy Attorney
General, or an Assistant Attorney General to issue a subpoena persons or evidence,
administer oaths, and take depositions and other testimony to investigate fraud,
waste, abuse of Maryland Department of Health funds, or certain behavior in the
Department; authorizing the Office to petition a court to compel compliance with a
certain order or subpoena or testimony or the production of evidence under certain
circumstances to a person to produce certain materials, answer written
interrogatories, and give certain testimony in furtherance of a certain health care
fraud investigation; authorizing the Attorney General to report a failure to obey the
subpoena to the circuit court with jurisdiction over the matter; and generally relating
to the investigative authority of the Office of the Attorney General.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 2–503
Annotated Code of Maryland
(2023 Replacement Volume)
BY adding to
Article – State Government
Section 6–901 to be under the new subtitle “Subtitle 9. Subpoenas”
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
2–503.
(a) The Inspector General:
(1) May investigate fraud, waste, abuse of departmental funds, and
behavior in the Department that threatens public safety or demonstrates negligence,
incompetence, or malfeasance;
Ch. 140 2024 LAWS OF MARYLAND
– 2 –
(2) Shall cooperate with and coordinate investigative efforts with the
Medicaid Fraud [Control] AND VULNERABLE VICTIMS Unit and where a preliminary
investigation establishes a sufficient basis to warrant referral, shall refer such matters to
the Medicaid Fraud [Control] AND VULNERABLE VICTIMS Unit; and
(3) Shall cooperate with and coordinate investigative efforts with
departmental programs and other State and federal agencies to ensure a provider is not
subject to duplicative audits.
(b) (1) The Inspector General [or], a designated Assistant Inspector General,
OR THE OFFICE OF THE ATTORNEY GENERAL may subpoena any person or evidence,
administer oaths, and take depositions and other testimony for the purpose of investigating
fraud, waste, abuse of departmental funds, or behavior in the Department that threatens
public safety or demonstrates negligence, incompetence, or malfeasance.
(2) If a person fails to comply with a lawful order or subpoena issued under
this subsection, on petition of the Inspector General [or], a designated Assistant Inspector
General, OR THE OFFICE OF THE ATTORNEY GENERAL, a court of competent
jurisdiction may compel:
(i) Compliance with the order or subpoena; or
(ii) Testimony or the production of evidence.
(c) Within 30 business days after receiving a complaint or allegation, the
Inspector General, the Compliance Officer, or a designated Assistant Inspector General
shall respond to the individual who filed the complaint or allegation with:
(1) A preliminary indication of whether the Office of the Inspector General
is able to investigate the complaint or allegation; and
(2) If the Office of the Inspector General is unable to investigate the
complaint or allegation:
(i) The reason for not being able to investigate, unless providing the
reason would have a negative impact on or jeopardize an investigation being conducted by
the Office of the Inspector General, a managed care organization, another unit of
government, or law enforcement; and
(ii) The contact information for the Office of Legislative Audits
Fraud Hotline.
Article – State Government
SUBTITLE 9. SUBPOENAS. WES MOORE, Governor Ch. 140
– 3 –
6–901.
(A) THIS SECTION MAY NOT BE CONSTRUED TO ALLO W THE
CONTRAVENTION , DENIAL, OR ABROGATION OF A P RIVILEGE OR RIGHT RE COGNIZED
BY LAW.
(B) (1) FOR THE LIMITED PURPO SE OF FURTHERING AN ONGOING
HEALTH CARE FRAUD IN VESTIGATION UNDER TH E MARYLAND FALSE HEALTH
CLAIMS ACT OR OTHER CIVIL AU THORITY, THE ATTORNEY GENERAL, A DEPUTY
ATTORNEY GENERAL, OR AN ASSISTANT ATTORNEY GENERAL DESIGNATED IN
WRITING BY THE ATTORNEY GENERAL MAY ISSUE IN ANY COURT IN THE STATE A
SUBPOENA REQUIRING A PERSON TO:
(I) PRODUCE DOCUMENTARY MATERIAL FOR INSPECT ION,
COPYING, OR REPRODUCTION ;
(II) ANSWER, UNDER OATH AND IN WR ITING, WRITTEN
INTERROGATORIES ;
(III) GIVE SWORN ORAL TEST IMONY; OR
(IV) PROVIDE ANY COMBINAT ION OF ITEMS (I), (II), AND (III) OF
THIS PARAGRAPH .
(2) A SUBPOENA ISSUED UNDE R PARAGRAPH (1) OF THIS
SUBSECTION MAY BE SE RVED IN THE SAME MAN NER AS A SUBPOENA IS SUED BY A
CIRCUIT COURT .
(C) (1) (I) IF A PERSON FAILS TO OBEY A LAWFULLY SERV ED
SUBPOENA ISSUED UNDE R SUBSECTION (B) OF THIS SECTION, THE ATTORNEY
GENERAL MAY REPORT A FAILURE TO OBEY THE SUBPOENA TO THE CIRC UIT COURT
WITH JURISDICTION OV ER THE MATTER .
(II) THE ATTORNEY GENERAL SHALL PROVIDE A COPY OF THE
SUBPOENA AND PROOF O F SERVICE TO THE CIR CUIT COURT.
(2) AFTER COND UCTING A HEARING AT WHICH THE PERSON WHO
ALLEGEDLY FAILED TO COMPLY WITH A SUBPOE NA ISSUED UNDER SUBS ECTION (B)
OF THIS SECTION HAS HAD AN OPPORTUNITY T O BE HEARD AND BE RE PRESENTED
BY COUNSEL, THE COURT MAY GRANT APPROPRIATE RELIEF .
SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect
October 1, 2024. Ch. 140 2024 LAWS OF MARYLAND
– 4 –
Approved by the Governor, April 25, 2024.