Brillantes

In this action for mandamus relief, we consider whether a physician suspected of Medi-Cal fraud should be afforded, as a matter of right under People v. Superior Court (Bauman & Rose) (1995) 37 Cal.App.4th 1757 [ 44 Cal.Rptr.2d 734 ] (hereafter Bauman & Rose), a Penal Code section 1524, subdivision (c) hearing to determine the applicability of the physician-patient privilege to patient files seized from his office pursuant to a search warrant.

Bauman & Rose recognized the trial court’s authority to hold an in camera hearing to determine the validity of the assertion of the attorney-client privilege by an attorney regarding documents seized from his office, even though the attorney was suspected of criminal activity. Bauman & Rose, however, did not determine the trial court was required to provide such an in camera hearing.

Under the facts of this case, we decline to apply Bauman & Rose to a physician suspected of Medi-Cal fraud and decide that the trial court was not required to provide him an in camera hearing and file review. We find that a trial court has the inherent authority to determine the applicability of the physician-patient privilege, and also has the…