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Committee approves bill giving DPHHS inspector general limited subpoena authority
Summary
House Bill 891 was passed out of committee to give the DPHHS Office of Inspector General the ability to issue subpoenas for documentary evidence in fraud, waste and abuse investigations, limited to records production and requiring departmental sign‑off; supporters cite investigatory gaps while the department asked for careful scope and oversight.
The House Health and Human Services Committee voted to advance House Bill 891, which would grant the Department of Public Health and Human Services’ Office of Inspector General (OIG) authority to issue subpoenas for documentary records in investigations of suspected fraud, waste and abuse.
Representative Bill Mercer, sponsor of HB 891, told the committee the change is intended to strengthen investigations into misuse of public assistance programs. "If they don't have the ability to compel records, their hands are tied behind their backs," Mercer said, and emphasized that the bill limits authority to documentary records and would require departmental director sign‑off on subpoenas.
Heather Smith, the department’s OIG compliance bureau chief, testified that the office currently lacks subpoena authority and that limitation forces some investigations to close when third parties will not cooperate. Smith said the power would allow the OIG to pursue more cases and improve accuracy in program reviews. She described typical predicates for investigations — tips to a hotline, suspicious out‑of‑state activity, landlord or employer records — and said subpoenas would be used to collect employer records, surveillance video, landlord statements and other documentary evidence.
Committee members pressed on protections and predicate standards for subpoenas. Mercer and department witnesses said the bill does not grant authority to compel testimony and that subpoenas would be used only when investigations show a factual basis (for example, a fraud referral or corroborating evidence) and that internal sign‑off by the director serves as oversight. The bill includes a modest appropriation to defend records disputes in district court when necessary.
The committee recorded a roll call of 11 ayes and 10 nays and reported HB 891 as passed out of committee. Supporters argued the bill fills an enforcement gap; critics asked for assurances on safeguards, transparency and the department’s internal controls.
