Judge upholds auditor effort to subpoena Medicaid records

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DOVER, Del. (AP) — A Superior Court judge has denied a motion by Delaware’s Department of Health and Social Services to quash a subpoena from the state auditor’s office seeking information regarding eligibility for Medicaid programs.

The judge on Wednesday rejected the notion that Auditor Kathleen McGuiness does not have the authority under Delaware law to conduct performance audits of state agencies such as the Division of Medicaid and Medical Assistance. DHSS attorneys had argued that the auditor’s duties were limited to conducting after-the-fact “postaudits” of financial transactions by state agencies.

McGuiness says DHSS for the past several years has been unable to demonstrate that it is effectively screening Medicaid applicants for eligibility before approving or denying benefits.


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