State Survey Agency Treatment of Subpoenas Duces Tecum for Federal and Joint Federal/State Documents

This memorandum provides guidance for the handling of subpoenas duces tecum that seek disclosure of records in the possession of the State Survey Agency (SA) as a result of the SA's implementation of its Agreement with the Secretary, Health and Human Services under Section 1864 of the Social Security Act (1864 Agreement). Guidance contained herein is based upon 45 C.F.R. Part 2, as amended by 73 FR 53148, dated September 15, 2008. It is effective immediately and supersedes previous instructions related to subpoenas for records treated as Freedom of Information requests.