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Committee approves bill to give DPHHS inspector general subpoena power for records
Summary
The committee passed HB891 to grant the DPHHS Office of Inspector General authority to subpoena documentary records (not testimony) to investigate fraud, waste and abuse in public‑assistance programs; DPHHS and proponents said the change would improve investigations and recover overpayments.
The House Health and Human Services Committee voted to advance HB891, which would allow Montana's Office of Inspector General within the Department of Public Health and Human Services to issue subpoenas for documents and electronic records for program integrity investigations. Representative Bill Mercer, sponsor of the bill, said the change is narrowly tailored to compel records — not testimony — to support investigations into alleged fraud and to recover improperly issued benefits.
Heather Smith of the DPHHS Office of Inspector General told the committee that subpoena authority would let the office pursue third‑party records, secure video surveillance and wage data, and complete investigations otherwise closed for lack of cooperation. Mercer said recovered overpayments would be used to restore the affected public‑assistance program, consistent with federal and state rules.
Committee members asked about the investigative predicate and oversight. DPHHS explained investigations are opened after referrals or allegations (tips, landlord statements, wage checks) and that the bill requires departmental sign‑off at the director level before a subpoena is issued.
The committee recorded a roll‑call vote advancing HB891. The bill will proceed for further consideration.
