In Re Administrative Subpoena Blue Cross Blue Shield of Massachusetts, Inc.

MEMORANDUM AND ORDER ON GOVERNMENT’S MOTION TO COMPEL BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, INC. TO PRODUCE DOCUMENTS WITHHELD ON THE BASIS OF THE ASSERTION OF A PEER REVIEW PRIVILEGE (# 2)

COLLINGS, United States Magistrate Judge.

I. The Issue

The question raised by the Government’s motion is whether Blue Cross Blue Shield of Massachusetts, Inc. (“Blue Cross”) may decline to produce documents in response to an administrative subpoena upon the assertion of a peer review privilege.

II. The Facts

The United States has been investigating a physician practicing in Massachusetts who was a “provider”…