1. A person that submits a claim for or receives a payment for a good or service under the state's Medicaid program, at the time the good or service is provided, shall create and retain records as required by rule of the department and chapter 50-24.8.
2. A person that submits a claim for or receives payment for a good or service under the state's Medicaid program which willfully fails to create records at the time the service or good is provided, fails to maintain or retain the records for the length of time stated in the most current provider agreement applicable to that provider, fails to provide records when requested to do so by the department or attorney general, or destroys the records in a manner inconsistent with the most current provider agreement applicable to that provider, is guilty of a class A misdemeanor if the value of the payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims related to the failure to create, retain, or provide records or related to the destruction of records does not exceed ten thousand dollars and a class C felony if the value is greater than ten thousand dollars. 3. It is an affirmative defense to a prosecution under this section that the records in question were lost or destroyed in a natural disaster or by an act that did not result from the conduct of the defendant. 4. The consequences and punishments under subsections 6 and 7 of section 50-24.8-11 apply to this section.
50-24.8-12. Investigative demands and administrative subpoenas - Failure to comply - Confidentiality. 1. If the attorney general, or a designee, has reason to believe a person may be in possession, custody, or control of documentary material or information relevant to an investigation under this chapter, the attorney general, or a designee, may, before commencing a proceeding under section 50-24.8-04 issue in writing and cause to be served upon the person, an investigative demand or administrative subpoena requiring the person to, under oath: a. Produce the documentary material for inspection and copying, including exempt and confidential records; b. Answer in writing written interrogatories with respect to the documentary material or information; c. Give oral testimony concerning the subject matter of the investigation, including any documentary material or information; or d. Furnish any combination of the material, answers, or testimony. 2. If a person objects to or otherwise fails to comply with an investigative demand or administrative subpoena served upon that person under subsection 1, the attorney general may file in the district court a petition for an order to enforce the demand or subpoena. If the court finds the demand or subpoena is proper, the court shall order the person to comply with the demand or subpoena and may grant such injunctive or other relief as may be required until the person complies with the demand or subpoena. Notice of hearing on the petition and a copy of the petition must be served upon the person that may appear in opposition to the petition. If the attorney general prevails in an action brought under this subsection, the court shall award to the attorney general reasonable attorney's fees, costs, and expenses incurred in bringing the action. 3. Any testimony taken or material produced under this section must be kept confidential by the attorney general before bringing an action against a person under this chapter for the violation under investigation, unless: a. Confidentiality is waived by the person being investigated and the person that testified, answered interrogatories, or produced material; b. Disclosure is authorized by the court; c. Disclosure is made to other law enforcement agencies; or d. Disclosure is made to non-law enforcement investigative partners with which the attorney general deems necessary to collaborate to complete the investigation. 4. Disclosure pursuant to this section is not a violation of section 12.1-13-01. 5. An active investigation record of the Medicaid fraud control unit is an exempt record unless the investigation is closed and not referred for further investigation or adjudication.