New York comptroller may audit medical providers without written patient permission, state appeals court rules

Karen Kidd reports:

Written permission is not required for New York’s Comptroller’s office to subpoena a medical provider’s records to audit state-issued payments, the state appeals court has ruled.

In its 14-page opinion issued Dec. 17, the seven-judge New York Court of Appeals unanimously ruled that the Comptroller’s office’s subpoenas need not be accompanied by written patient authorizations. Requirements spelled out in relevant state law, referred to in the opinion as “CPLR,” apply only to subpoenas duces tecum served after an action commences, according to the opinion.

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