County agencies receive requests for information regarding Medicaid clients from county state and federal law enforcement officers. Examine subpoenas, court orders and other requests for information from the client’s Medicaid eligibility case record to protect client confidentiality. Court orders and/or subpoenas are acceptable only if signed by a judge.
The requirements for releasing information to law enforcement agencies are the same regardless of which agency is requesting the information.
Information must not be given to law enforcement, including Immigration and Customs Enforcement ICE ACCESS personnel, unless under a subpoena or court order that explicitly directs the release of the Medicaid eligibility client information. The subpoena or court order must be signed by a judge.
Information from the client’s Medicaid eligibility case record must not be given if a subpoena or court order is signed by an attorney instead of a judge.
A subpoena or court order signed by a judge legally requires the Medicaid eligibility client information to be released without the client’s consent. The client must be informed to the extent possible of the disclosed information. The county may honor a law enforcement request to delay notification of the client of the disclosure for a reasonable amount of time not to exceed 10 calendar days. Document in the Medicaid eligibility case record, that a subpoena or court order was received and the method of informing the client of the disclosed information.
If you receive a court order or subpoena requesting Medicaid eligibility client information, contact the Division of Medical Assistance, Medicaid eligibility section at (919) 855-4000 and your county attorney for guidance regarding Medicaid regulations and legal issues.
REISSUED 10/01/11 – CHANGE NO. 17-11
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.