California Code of Regulations › Title 22 - Social Security › Division 3 - Health Care Services › Subdivision 1 - California Medical Assistance Program › Chapter 3 - Health Care Services › Article 1.5 - Provider Audit Appeals › Section 51032 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
					 acceptance of the Statement of Disputed Issues, a party, upon written request
					 made to another party, prior to the hearing and within thirty (30) calendar
					 days after receipt of the Notice of Acceptance of the Statement of Disputed
					 Issues or within fifteen (15) calendar days after the receipt of the Notice of
					 Acceptance of an amended Statement of Disputed Issues or issuance of a Report
					 of Findings, is entitled to:
(1) Obtain the
					 names and addresses of witnesses to the extent known to the other party,
					 including, but not limited to, those intended to be called to testify at the
					 informal hearing or formal hearing.
(2) Inspect and make a copy of any of the
					 following in the possession or custody or under the control of the other party:
(A) Statements pertaining to the subject
					 matter of the proceeding made by any party to another party or
					 person.
(B) Statements of witnesses
					 then proposed to be called by the party and of other persons having personal
					 knowledge of the acts, omissions or events which are the basis for disputed
					 audit or examination findings, not included in subdivision (2)(A).
(C) All writings, including but not limited
					 to audit work papers, patient ledgers, medical records and invoices or things
					 which the party then proposes to offer into evidence.
(D) Other writing or thing which is relevant
					 and which would be admissible in evidence.
(E) Investigative reports made for or on
					 behalf of the Department or other party pertaining to the subject matter of the
					 proceeding, to the extent that such reports:
(1) Contain the names and addresses of
					 witnesses or of persons having personal knowledge of the acts, omissions or
					 events which are the basis for the disputed audit or examination
					 findings.
(2) Reflect matters
					 perceived by the investigator in the course of his investigation.
(3) Contain or include by attachment any
					 statement or writing described in subsections (2)(A) through (2)(D) inclusive,
					 or summary thereof.
(4) For the
					 purpose of this section, "statements" includes written statements by the
					 person, signed or otherwise authenticated by the person, stenographic,
					 mechanical, electrical or other recordings, or transcripts thereof, or oral
					 statements by the person and written reports or summaries of such oral
					 statements.
(5) Nothing in this
					 section shall authorize the inspection or copying of any writing or thing which
					 is privileged from disclosure by law or otherwise made confidential or
					 protected as the attorney's work product.
(6) Any denial of discovery by a party shall
					 be in writing and shall be accompanied by a written statement describing the
					 specific reasons for denial as to each item of discovery denied. Such a denial
					 shall be mailed within 30 calendar days from the date of filing the request for
					 discovery.