Civil Investigative Demands

All posts tagged Civil Investigative Demands

DME Regulation: The Government’s CID Powers are not Unlimited

by admin on February 5, 2019 No comments

dme regulationBy: Matt Fischer

The Department of Justice (DOJ) has recently aimed its investigatory efforts under the False Claims Act (FCA) to the durable medical equipment (DME) industry.  One area of DME regulation focus has been on diabetic shoe and insert manufacturers.  In its arsenal of investigative tools, the DOJ has the ability to issue Civil Investigative Demands (CIDs).  However, there are limits to the DOJ’s investigatory powers.  If a CID is received, DME suppliers need to be aware of the limitations placed on the government and what initial steps need to be taken. 

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Civil Investigative Demand: What to Expect in a Heightened Regulatory Environment

by admin on November 6, 2017 No comments

DOJ InvestigationBy: Matt Fischer

The United States Department of Justice (DOJ) has the power to issue civil investigative demand (CIDs) when the DOJ has reason to believe that a person may be in possession of information relevant to a false claims investigation.  The DOJ is empowered to serve CIDs by the False Claims Act (FCA).  A CID is similar to a grand jury subpoena; however, it provides greater versatility in the use of the information obtained.  In addition to requiring the production of documents similar to a grand jury subpoena, CIDs demand other types of discovery responses and the information gathered may be shared between the civil and criminal sides of an investigation.  Given this flexibility and with the passage of the Fraud Enforcement and Recovery Act of 2009 (which changed the law to allow issuance of a CID without the personal signature of the Attorney General), the DOJ has substantially increased its use of CIDs in the realm of healthcare law enforcement.    

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