(a) (1) All providers subject to the Virgin Islands Medicaid Program are required to maintain at their principal place of Medicaid business all records for a minimum of 6 years from the date of a claimed provision of any goods or services to a Medicaid recipient.(2) Any provider that fails to comply with the provisions of paragraph (1) is guilty of a misdemeanor.
(1) All providers subject to the Virgin Islands Medicaid Program are required to maintain at their principal place of Medicaid business all records for a minimum of 6 years from the date of a claimed provision of any goods or services to a Medicaid recipient.
(2) Any provider that fails to comply with the provisions of paragraph (1) is guilty of a misdemeanor.
(b) The Attorney General must be allowed access to all records of providers and of recipients under the Virgin Islands Medicaid Program which are held by a provider or by the Virgin Islands Department of Human Service for the purpose of investigating whether any person may have committed the crime of Medicaid fraud or for use or potential use in any legal, administrative, or judicial proceeding under this chapter.
(c) In carrying out the purposes of this chapter, the Attorney General may by subpoena, take possession of records held by a provider. In which case, copies of those records obtained by the Attorney General which are necessary for the provider to continue doing business must be supplied to the provider, or the Attorney General may elect to require that the provider supply the Medicaid Fraud Control Unit with copies of the records. Upon request, the Attorney General shall be granted access to records, including electronic data, held by the Virgin Islands Department of Human Services for the purpose of investigating whether any person may have committed Medicaid fraud.
(d) Records obtained or created by the Department of Human Services or the Attorney General pursuant to the Virgin Islands Medicaid Program Integrity Act shall be classified as confidential information and shall not be subject to the Virgin Islands Open Records Act or to outside review or release by any person, except if authorized by the Attorney General, in relation to a legal, administrative, or judicial proceeding.
(e) No person holding records may refuse to provide the Virgin Islands Department of Human Services or the Attorney General with access to the records on the basis that the release would violate a recipient’s right to privacy, a recipient’s privilege against disclosure or use, or any professional or other privilege or right. The disclosure of patient information as required by this chapter shall not subject any physician or other health care services provider to liability for breach of any confidential relationship between a patient and a provider.
(f) Notwithstanding the provisions of this section, all requests for medical records and the handling of all medical records shall be consistent with all local and federal medical privacy laws.