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MTR. OF SUBPOENA DUCES TECUM TO JANE DOE

99 N.Y.2d 434 (2003)

787 N.E.2d 618

757 N.Y.S.2d 507

In the Matter of SUBPOENA DUCES TECUM TO JANE DOE, Dated April 25, 2001 and Four Other Subpoenas Duces Tecum. PARK ASSOCIATES, INC., et al., Appellants; NEW YORK STATE ATTORNEY GENERAL, MEDICAID FRAUD CONTROL UNIT, Respondent.

Court of Appeals of the State of New York.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Connors & Vilardo, LLP, Buffalo (Terrence M. Connors and Vincent E. Doyle III of counsel), for appellants.

Eliot Spitzer, Attorney General, New York City (Alyson J. Gill and Robin A. Forshaw of counsel), for respondent.

O'Connell and Aronowitz, Albany (Cornelius D. Murray and James A. Shannon of counsel), for New York State Health Facilities Association, amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and READ concur.

OPINION OF THE COURT

GRAFFEO, J.

In this appeal, we are asked to determine if certain nursing home records are immune from disclosure in response to subpoenas issued by a grand jury conducting a Medicaid fraud investigation. We conclude that federal law protects from disclosure those records created or generated for quality assurance purposes at the facilities.

As part of an investigation into resident care initiated by the Medicaid Fraud Control...

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