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Bill would codify DHSS special investigations office, grant subpoena authority for elder-abuse probes
Summary
Representative Benny Cook introduced House Bill 3038 to put the Department of Health and Senior Services' Office of Special Investigations into statute, clarifying subpoena and limited search-warrant authority to expedite financial-exploitation and eligible-adult abuse investigations; DHSS and its investigations manager backed the bill while members requested definitions, vacancy counts and oversight clarifications.
Representative Benny Cook introduced House Bill 3038 to place the Department of Health and Senior Services’ (DHSS) Office of Special Investigations into statute and to clarify limited investigatory powers—principally subpoena authority and, when required, search-warrant execution—to help investigate abuse, neglect and exploitation of eligible adults.
"This bill does not create a new police force, does not replace sheriffs, it does not remove any of their authority," Cook told the committee, saying the change would be a "tool in the tool belt" to expedite investigations that frequently depend on timely access to financial and billing records.
Cade Tremaine, testifying for DHSS, said the Office of Special Investigations has assisted state investigations since 2004 and that many cases are financial in nature and require faster access to records. "The main authority that would be used would be subpoena power and execution of search warrants," Tremaine said, adding the office includes staff with law-enforcement backgrounds and works closely with public safety partners.
Zach Jenkins, identified as DHSS’s lead investigations manager, and Tremaine told the committee that Adult Protective Services and staff with social-work backgrounds collaborate on these cases. Members asked whether the bill expands arrest or custodial powers; DHSS witnesses repeatedly said the statute would not broadly issue arrest authority and that subpoenas and search warrants would be the principal new, codified authorities.
Several members sought clarifications: the chair asked how the bill could carry a zero fiscal note if the office already operates; Cook and DHSS said the office exists and the bill merely codifies its authorities. Representative Bush asked whether the statute includes a definition for "exploitation"; sponsors said they would verify whether definitions exist elsewhere in statute or rules and could add clarifying language. Members also asked about vacancies, whether the office can investigate public administrators and how the office coordinates audits and annual reports.
DHSS said it has investigated public officials, law-enforcement officers and public administrators in some cases and that it provides trainings and outreach to public administrators to prevent abuse and to report concerns. The committee closed the hearing after receiving no opposition testimony and did not take a vote.
