In light of the fact that the authorized investigative demand is a new enforcement tool, it is anticipated that its use will be closely tracked. In order to enable the Department to reply quickly to inquiries concerning the use of investigative demands, each United States Attorney's office and the Fraud Section of the Criminal Division should maintain records on the following:

1. 1. the number of authorized investigative demands issued and the dates of service;
2. 2. office procedures for the issuance of, and compliance with, authorized investigative demands;
3. 3. whether any health information obtained pursuant to authorized investigative demands was used in, or disclosed in, any administrative, civil or criminal action or investigation directed against the individual who is the subject of the information;
4. 4. whether the investigative demand required testimony from a custodian of records;
5. 5. whether documents were returned pursuant to the authorized investigative demand without judicial enforcement;
6. 6. whether judicial enforcement of the investigative demand was pursued and the result of that litigation.

The specific manner in which this information is maintained is left to the discretion of each United States Attorney's office and the Fraud Section of the Criminal Division. The challenge for each office is to develop an accurate record keeping system without creating extensive administrative obstacles which render the authorized investigative demand too cumbersome to use.