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ARKANSAS STATUTES AND CODES

§ 5-28-107 - Investigation by Attorney General and Department of Health and Human Services.

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5-28-107.Investigation by Attorney General and Department of Health and Human Services.(a)Theoffice of the Attorney General has concurrent jurisdiction with theDepartment of Health and Human Services to investigate cases ofsuspected adult maltreatment of an adult endangered person or an adultimpaired person in a long-term care facility certified under Title XIXof the Social Security Act, 42 U.S.C.1396 et seq.(b)Ifrequested by the office of the Attorney General, a law enforcementagency shall assist in the investigation of any case of suspected adultmaltreatment.(c)The purposes of an investigation are to obtain and develop information that may be necessary to:(1)Protect an abused, neglected, or exploited adult;(2)Referfor criminal prosecution a person who abuses, neglects, or exploits anyadult endangered person or adult impaired person; and(3)Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult.(d)TheAttorney General shall conduct a thorough investigation which mayinclude a medical, psychological, social, vocational, financial, andeducational evaluation and review.(e)(1)Uponrequest, the medical, mental health, or other record regarding theabused, neglected, or exploited adult maintained by any facility ormaintained by any person required by this chapter to report suspectedabuse, neglect, or exploitation shall be made available to the AttorneyGeneral for the purpose of conducting an investigation under thischapter.(2)Upon request, afinancial record maintained by a bank or a similar institution shall bemade available to the Attorney General for the purpose of conducting aninvestigation under this chapter.(f)(1)Asubpoena requiring the production of a document or the attendance of awitness at an interview, trial, or hearing conducted pursuant to thejurisdiction of the Medicaid Fraud Control Unit of the office of theAttorney General may be served by the Attorney General or any dulyauthorized law enforcement officer in the State of Arkansas personally,telephonically, or by registered or certified mail.(2)Inthe case of service by registered or certified mail, the return postoffice receipt of delivery of the subpoena shall accompany the return.(g)(1)Ifa facility or person upon whom a subpoena is served objects orotherwise fails to comply with the Attorney General's request forrecords, the Attorney General may file an action in circuit court for anorder to enforce the request.(2)Venue for the action to enforce the request is in Pulaski County.(h)Uponcause shown, the circuit court shall order the facility or person whomaintains the medical, mental health, or other record regarding theabused, neglected, or exploited adult to tender the requested record tothe Attorney General for the purpose of conducting an investigationunder this chapter.(i)(1)Arecord obtained by the Attorney General pursuant to this chapter shallbe classified as confidential information and is not subject to outsidereview or release by any individual except when a record is used or ispotentially to be used by any governmental entity in any legal,administrative, or judicial proceeding.(2)Notwithstandingany other law to the contrary, no person is subject to any civil orcriminal liability for providing a record or providing access to arecord to the Attorney General or to a prosecuting attorney.
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  • 5-28-107. Investigation by Attorney General and Department of Health and Human Services.

    (a) The office of the Attorney General has concurrent jurisdiction with the Department of Health and Human Services to investigate cases of suspected adult maltreatment of an adult endangered person or an adult impaired person in a long-term care facility certified under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq.

    (b) If requested by the office of the Attorney General, a law enforcement agency shall assist in the investigation of any case of suspected adult maltreatment.

    (c) The purposes of an investigation are to obtain and develop information that may be necessary to:

    (1) Protect an abused, neglected, or exploited adult;

    (2) Refer for criminal prosecution a person who abuses, neglects, or exploits any adult endangered person or adult impaired person; and

    (3) Initiate a civil action, when appropriate, to protect an abused, neglected, or exploited adult.

    (d) The Attorney General shall conduct a thorough investigation which may include a medical, psychological, social, vocational, financial, and educational evaluation and review.

    (e) (1) Upon request, the medical, mental health, or other record regarding the abused, neglected, or exploited adult maintained by any facility or maintained by any person required by this chapter to report suspected abuse, neglect, or exploitation shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

    (2) Upon request, a financial record maintained by a bank or a similar institution shall be made available to the Attorney General for the purpose of conducting an investigation under this chapter.

    (f) (1) A subpoena requiring the production of a document or the attendance of a witness at an interview, trial, or hearing conducted pursuant to the jurisdiction of the Medicaid Fraud Control Unit of the office of the Attorney General may be served by the Attorney General or any duly authorized law enforcement officer in the State of Arkansas personally, telephonically, or by registered or certified mail.

    (2) In the case of service by registered or certified mail, the return post office receipt of delivery of the subpoena shall accompany the return.

    (g) (1) If a facility or person upon whom a subpoena is served objects or otherwise fails to comply with the Attorney General's request for records, the Attorney General may file an action in circuit court for an order to enforce the request.

    (2) Venue for the action to enforce the request is in Pulaski County.

    (h) Upon cause shown, the circuit court shall order the facility or person who maintains the medical, mental health, or other record regarding the abused, neglected, or exploited adult to tender the requested record to the Attorney General for the purpose of conducting an investigation under this chapter.

    (i) (1) A record obtained by the Attorney General pursuant to this chapter shall be classified as confidential information and is not subject to outside review or release by any individual except when a record is used or is potentially to be used by any governmental entity in any legal, administrative, or judicial proceeding.

    (2) Notwithstanding any other law to the contrary, no person is subject to any civil or criminal liability for providing a record or providing access to a record to the Attorney General or to a prosecuting attorney.

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