Ill. Admin. Code tit. 89, § 104.235 - Discovery
a) There shall be
no discovery under this Part except for the following items if relevant to the
case:
1) The Department shall provide, upon
request, to the vendor:
A) lists of
witnesses;
B) the provider detail
report, the drug inventory report, the claim detail report, if
applicable;
C) in actions against a
nursing home based upon Department of Public Health surveys, all surveys that
federal or State regulations require surveyors to complete during the
investigation;
D) transcripts of
that portion of peer review committee proceedings wherein the vendor appears,
not including the committee's deliberations, if applicable;
E) resolutions of a peer review committee
regarding the vendor, if applicable;
F) any report regarding the vendor prepared
by the Bureau of Medicaid Integrity's medical consultant witness, if
applicable; and
G) any exhibits or
documents that may be identified at hearing.
2) The Department shall provide, upon
request, to the alternate payee:
A) lists of
witnesses;
B) the provider detail
report and the claim detail report, if applicable; and
C) any exhibits or documents that may be
identified at hearing.
3) The vendor and/or alternate payee shall
provide, upon request, to the Department:
A)
a list of witnesses and all reports written by each witness concerning the
issue about which he or she is testifying; and
B) a copy of exhibits and documents that may
be identified at hearing.
b) Requests for discovery shall be made no
later than the 21st day after receipt of the notice
described in Sections
104.204
and
104.206
through
104.208,
or request of a hearing described in Section
104.205(e),
or no later than the 21st day after amendment,
pursuant to Section
104.241, of the
grounds for the action that would make discovery of any of the items listed in
subsection (a) relevant for the first time.
c) Discovery is to be provided to the
requesting party within 21 days after service of a request. In no event shall a
scheduled hearing be continued because of an untimely discovery request without
good cause having been shown.
d)
Each party has a duty to seasonably supplement its witness list and documentary
evidence that may be used at hearing. The administrative law judge may exclude
witnesses or evidence absent a showing of good cause as to why the discovery
was not tendered in response to the original discovery request.
Notes
Amended at 37 Ill. Reg. 12838, effective July 24, 2013
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