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Audit Finds Minnesota DHS Misread Authority on Autism Kickbacks, Cites Rule Error on Payment Holds

The findings prompted DHS to pursue legislation this session to explicitly authorize kickback probes.

Overview

  • State auditors concluded DHS had long-standing authority to investigate EIDBI kickback allegations but closed three such complaints without inquiry.
  • An error dating to 1995 in DHS administrative rules misdefined fraud and left unclear whether payments could be suspended during kickback investigations.
  • The review said the inspector general generally took appropriate actions and that most decisions examined were reasonable based on available information.
  • DHS says it will seek to add kickbacks to its fraud definition through legislation that could take effect Aug. 1, with rulemaking as a fallback that could take 12 to 24 months.
  • EIDBI spending surged from $38.1 million in 2020 to $324.9 million in 2024 as federal probes and prosecutions continue, including a December guilty plea in a $14 million scheme involving alleged kickbacks.