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Part B News Quotes Paul Werner on Responding to Subpoenas, Court Orders

Part B News quoted firm member Paul D. Werner in the article “Hit with a subpoena? Court order? Know the difference, respond accordingly,” addressing what a medical practice should do when law enforcement officers show up with subpoenas or court orders requesting or demanding records.

Werner, who regularly represents physicians and other healthcare providers in civil litigation, criminal investigations and prosecutions, told Part B News that standard civil-court subpoenas are typically delivered via mail or a delivery service. But if a law enforcement officer shows up with a subpoena or warrant signed by a judge, Werner advised to get your lawyer on the phone and let the agents do what the warrant says they can do.

“Usually, when federal officers like FBI or IRS agents come in, they will sort of segregate out the staff that’s in the office, and start cataloguing and taking what they need to take,” Werner said. “The agents can prevent you from leaving while they conduct the search, or they can require you to leave the physical premises but remain in the general area until they’ve completed it. They can temporarily take your pocketbooks, backpacks, cell phones, things like that, and keep them away from you while they conduct their search.”

Werner said you should also get your lawyer on the phone if CMS contractors conducting a Medicare investigation show up to confirm that your practice is real and not a post office box.

“We’ve had a lot of those phone calls where I’m on speakerphone with the office manager and talking to the Medicare contractor about the scope of what they’re doing,” Werner said.

The full article can be read at Part B News (subscription required).

  • Posted on: Mar 6 2024