§ 4–804. Prosecutions; investigations; subpoenas; witness fees; perjury; compulsion of obedience to subpoena; oaths; access to records.

(a) Criminal prosecutions under § 4-802 may be brought in the Superior Court of the District of Columbia by the Corporation Counsel or the Office of the Inspector General. Civil actions under § 4-803(e) may be brought in the Superior Court of the District of Columbia by the Corporation Counsel.

(b) In addition to any power to bring criminal or civil actions or otherwise carry out the duties under this chapter, the Corporation Counsel or the Office of the Inspector General shall have the authority to investigate all alleged violations of this chapter and, in exercising this power, may issue subpoenas for witnesses to appear and testify or to produce all books, records, papers, or documents in any investigation into alleged violations of this chapter.

(c) Witnesses, other than those employed by the District of Columbia, summoned under subsection (b) of this section shall be paid the same fees and mileage that witnesses are paid in the Superior Court of the District of Columbia, but the fees need not be tendered to the witnesses before they appear and testify or produce books, records, papers, or documents.

(d) Any willful false swearing on the part of any witness testifying about a material fact pursuant to a subpoena issued under subsection (b) of this section shall be subject to prosecution pursuant to § 22-2402.

(e) If any witness having been personally summoned shall neglect or refuse to obey the subpoena, the Corporation Counsel or the Office of the Inspector General may report that fact to the Superior Court of the District of Columbia. The Superior Court of the District of Columbia may compel obedience to the subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that court.

(f) The Corporation Counsel or the Office of the Inspector General may administer oaths to witnesses summoned in any investigation under subsection (b) of this section.

(g) No person holding records required to be maintained by the Medicaid legislation or regulations promulgated pursuant to that legislation may refuse to provide the Corporation Counsel or the Office of the Inspector General with access to the records on the basis that release would violate any recipient’s right of privacy, any recipient’s privilege against disclosure or use, or any professional or other privilege or right.

(Mar. 16, 1985, D.C. Law 5-193, § 5, 32 DCR 1010; Mar. 6, 2002, D.C. Law 14-77, § 2(b), 49 DCR 11260.)

Prior Codifications

1981 Ed., § 3-704.

Effect of Amendments

D.C. Law 14-77 rewrote subsec. (a); and, in subsecs. (b), (e), (f), and (g) inserted “or the Office of the Inspector General” following “the Corporation Counsel”. Prior to amendment, subsec. (a) read as follows: “(a) Criminal prosecutions under § 4-802 and civil actions brought under § 4-803(e) shall be brought in the Superior Court of the District of Columbia by the Corporation Counsel.”

Cross References

Criminal procedure, conduct of prosecutions, see § 23-101.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Medicaid Provider Fraud Prevention Emergency Amendment Act of 2001 (D.C. Act 14-16, March 16, 2001, 48 DCR 2685).

For temporary (90 day) amendment of section, see § 2 of Medicaid Provider Fraud Prevention Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-61, June 6, 2001, 48 DCR 5706).

For temporary (90 day) amendment of section, see § 2(b) of Medicaid Provider Fraud Prevention Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-244, January 28, 2002, 49 DCR 1034).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Medicaid Provider Fraud Prevention Temporary Amendment Act of 2001 (D.C. Law 14-3, June 13, 2001, law notification 48 DCR 3331).