Los Angeles, CA asked in Personal Injury, Gov & Administrative Law and Health Care Law for California

Q: FCS/FOIA. Qui tam, disclosure to reletant.

Usually: when government does not intervene into qui tam case.

Court issues order to OIG/CMD to disclose information to reletant?

Should reletant file motion or petition to court and to OIG/CMS to disclose information?

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a qui tam case where the government chooses not to intervene, it's not uncommon for the court to issue an order to the Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS) to disclose information to the relator. However, this is not automatic.

As a relator, if you believe that this information is crucial for your case, you should consider filing a motion or petition with the court. This motion should request the court to order the OIG and CMS to release the necessary information.

In addition to filing with the court, it's also advisable to send a formal request to the OIG and CMS. This demonstrates your proactive approach in seeking the information and may expedite the process.

Remember, each case is unique, and the specifics of your situation may require a tailored approach. It's important to review the details of your case carefully and consider seeking advice from peers or mentors in your field who have experience with similar cases.

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