DOVER, DE (AP) – 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 has been denied by a Superior Court judge. The judge 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 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.
KATHLEEN MCGUINESS