Legal Opinion
Mtr. of Subpoena Duces Tecum to Jane Doe
New York Court of Appeals
Decided February 25, 2003PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this appeal, we are asked to determine if certain nursing home records are immune from disclosure in response to subpoenas issued by a grand jury conducting a Medicaid fraud investigation. We conclude that federal law protects from disclosure those records created or generated for quality assurance purposes at the facilities.
As part of an investigation into resident care initiated by the Medicaid Fraud Control Unit of the Attorney General’s office (MFCU), an Erie County grand jury issued a series of subpoenas seeking records from three nursing home…
2Cases cited5 opinions
- United States v. Construction Products Research, Inc. Five Star Products, Inc. And H. Nash BabcockCourt of Appeals for the Second Circuit · 1996
- Blue v. KorenCourt of Appeals for the Second Circuit · 1995
- Logue v. VelezNew York Court of Appeals · 1998
- KATHERINE F. v. State of NYNew York Court of Appeals · 1999
- State Ex Rel. Boone Retirement Center, Inc. v. HamiltonSupreme Court of Missouri · 1997
3Cited by38 opinions
- People v. KozlowskiNew York Court of Appeals · 2008
- Marte v. Brooklyn Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2004
- Kivlehan v. WaltnerAppellate Division of the Supreme Court of the State of New York · 2007
- In Re Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003New York Court of Appeals · 2005
- Bailey v. Manor Care of Mayfield Hts.Ohio Court of Appeals · 2013
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