SEC. 248. AUTHORIZED INVESTIGATIVE DEMAND PROCEDURES.
Title[ Title II\Subtitle E Contents
(a) In General.--Chapter 223 of title 18, United States Code, is
amended by adding after section 3485 the following:
``Sec. 3486. Authorized investigative demand procedures
``(a) Authorization.--(1) In any investigation relating to any act
or activity involving a Federal health care offense, the Attorney
General or the Attorney General's designee may issue in writing and
cause to be served a subpoena--
``(A) requiring the production of any records (including any
books, papers, documents, electronic media, or other objects or
tangible things), which may be relevant to an authorized law
enforcement inquiry, that a person or legal entity may possess
or have care, custody, or control; or
``(B) requiring a custodian of records to give testimony
concerning the production and authentication of such records.
``(2) A subpoena under this subsection shall describe the objects
required to be produced and prescribe a return date within a reasonable
period of time within which the objects can be assembled and made
available.
``(3) The production of records shall not be required under this
section at any place more than 500 miles distant from the place where
the subpoena for the production of such records is served.
``(4) Witnesses summoned under this section shall be paid the same
fees and mileage that are paid witnesses in the courts of the United
States.
``(b) Service.--A subpoena issued under this section may be served
by any person who is at least 18 years of age and is designated in the
subpoena to serve it. Service upon a natural person may be made by
personal delivery of the subpoena to him. Service may be made upon a
domestic or foreign corporation or upon a partnership or other
unincorporated association which is subject to suit under a common name,
by delivering the subpoena to an officer, to a managing or general
agent, or to any other agent authorized by appointment or by law to
receive service of process. The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving it shall
be proof of service.
``(c) Enforcement.--In the case of contumacy by or refusal to obey a
subpoena issued to any person, the Attorney General may invoke the aid
of any court of the United States within the jurisdiction of which the
investigation is carried on or of which the subpoenaed person is an
inhabitant, or in which he carries on business or may be found, to
compel compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney General to
produce records, if so ordered, or to give testimony concerning the
production and authentication of such records. Any failure to obey the
order of the court may be punished by the court as a contempt thereof.
All process in any such case may be served in any judicial district in
which such person may be found.
``(d) Immunity From Civil Liability.--Notwithstanding any Federal,
State, or local law, any person, including officers, agents, and
employees, receiving a summons under this section, who complies in good
faith with the summons and thus produces the materials sought, shall not
be liable in any court of any State or the United States to any customer
or other person for such production or for nondisclosure of that
production to the customer.
``(e) Limitation on Use.--(1) Health information about an individual
that is disclosed under this section may not be used in, or disclosed to
any person for use in, any administrative, civil, or criminal action or
investigation directed against the individual who is the subject of the
information unless the action or investigation arises out of and is
directly related to receipt of health care or payment for health care or
action involving a fraudulent claim related to health; or if authorized
by an appropriate order of a court of competent jurisdiction, granted
after application showing good cause therefor.
``(2) In assessing good cause, the court shall weigh the public
interest and the need for disclosure against the injury to the patient,
to the physician-patient relationship, and to the treatment services.
``(3) Upon the granting of such order, the court, in determining the
extent to which any disclosure of all or any part of any record is
necessary, shall impose appropriate safeguards against unauthorized
disclosure.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by inserting
after the item relating to section 3485 the following new item:
``3486. Authorized investigative demand procedures.''.
(c) Conforming Amendment.--Section 1510(b)(3)(B) of title 18, United
States Code, is amended by inserting ``or a Department of Justice
subpoena (issued under section 3486 of title 18),'' after ``subpoena''.
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