Plain Text Law

Chapter 10. Office of the Inspector General

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Regulation .01 Purpose.Copy Citation

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A.
The Department shall establish an Office of the Inspector General (OIG).
B.
Mission of the OIG. The OIG:
(1)
Protects the integrity of the Department and local departments;
(2)
Ensures the achievement of program goals and compliance with State statutes and regulations by providing the following independent preventive and enforcement services:
(a)
Investigations,
(b)
Reviews, and
(c)
Internal audits; and
(3)
Identifies, investigates, and resolves suspicions of fraud, waste, and abuse.
C.
The OIG shall consist of, but not be limited to, units that perform the following functions:
(1)
Deter and investigate suspected program fraud;
(2)
Deter and investigate suspected employee and contractor misconduct; and
(3)
Conduct internal audits.

Regulation .02 Definitions.Copy Citation

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A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means any of the following administrations within the Department:
(a)
Social Services Administration;
(b)
Family Investment Administration;
(c)
Child Care Administration; and
(d)
Child Support Administration.
(2)
Department.
(a)
“Department” means the Department of Human Services.
(b)
“Department” includes all of the Department's administrations, divisions, boards, commissions, offices, and other agencies.
(3)
“Fraud” means obtaining, attempting to obtain, or aiding an individual in obtaining or attempting to obtain, through willful misrepresentation, assets or benefits to which the individual is not entitled.
(4)
“Independent” means free from influence, persuasion, bias, control, or determination of another or others.
(5)
“Internal audits” means conducting examinations of Department and local department records and activities in compliance with the Auditing Standards of the Institute of Internal Auditors.
(6)
“Local department” means the local department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.
(7)
“Misconduct” means unlawful, unethical, or dishonest behavior.
(8)
“Program” means the activities of the Department's administrations.
(9)
“Secretary” means the Secretary of Human Services.

Regulation .03 Responsibilities of the Inspector General.Copy Citation

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A.
Program Fraud. The OIG shall provide a uniform level of prevention and investigation services relating to program fraud, including suspected fraudulent activities by customers, throughout the Department and local departments.
B.
Employee and Contractor Investigations. The OIG shall provide a uniform level of investigative services involving allegations of misconduct by Department and local department staff, contractors, and contractors' employees.
C.
Internal Audit. The OIG shall provide the following internal audit functions:
(1)
Conduct internal audits throughout the Department and local departments which include:
(a)
Financial,
(b)
Compliance, and
(c)
Performance;
(2)
Conduct financial and compliance audits of the 24 local departments every 3 years;
(3)
Provide independent and objective assessments regarding the Department's and local departments' operations to the Secretary;
(4)
Assist the Department and local departments in evaluating and improving risk management, controls, and process management; and
(5)
Monitor and, when applicable, review the implementation of the Department's and local departments' corrective action plans in response to State and federal audits.
D.
Overpayment. The OIG shall provide overpayment functions by calculating and establishing overpayments as a result of an OIG investigation in accordance with overpayment procedures as described in COMAR 07.03.14.03A and D(2)(a) and (b).

Regulation .04 Responsibilities of the Department and the Local Departments.Copy Citation

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A.
Employees and Contractors.
(1)
Employees, contractors, and contractors' employees shall cooperate fully with OIG staff conducting official investigations, reviews, and internal audits.
(2)
The OIG shall have access to Department, local department, and contractor records relevant to the activities of the OIG.
B.
Program Fraud. Following an OIG's program fraud investigation, the local department staff shall determine, based on information from the investigation, the program eligibility of the customer in accordance with an administration's eligibility requirements.
C.
Employee or Contractor Misconduct. Following an OIG's employee or contractor misconduct investigation, the appropriate manager shall determine, based on information from the investigation, any administrative or disciplinary action required in accordance with Department and State requirements and policies.
D.
Internal Audit. Following an OIG internal audit, the appropriate manager of the Department or local department shall develop and implement a corrective action plan responsive to the conditions an recommendations specified in the final audit report.

Regulation .05 Cooperation with Other Agencies.Copy Citation

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A.
The OIG may participate in investigations and audits, and monitor implementation of corrective actions described in Regulation .03 of this chapter, in conjunction with applicable activities of any federal, State, or local agency.
B.
The OIG shall maintain liaison with the Office of the Attorney General and State's attorney's offices by:
(1)
Referring cases to prosecutors which show evidence of fraud or other criminal misconduct; and
(2)
Assisting the prosecutor in further investigation, if needed, and in the prosecution of cases, when requested.
C.
The OIG shall maintain liaison with the Maryland Department of Health, the Department of Juvenile Services, and the Maryland State Department of Education offices by:
(1)
Referring to prosecutors cases that show evidence of fraud or other criminal misconduct; and
(2)
Assisting the prosecutor in further investigation, if needed, and in the prosecution of cases, when requested.
Chapter annotations
Authority: Human Services Article, §§2-203, 2-205, 2-209, and 3-602, Annotated Code of Maryland; Federal Regulatory Reference: 45 CFR 74;
Executive Order 01.01.1994.06
History: Effective date: February 27, 1995 (22:4 Md. R. 235)
History: Regulation .02A amended effective March 10, 1997 (24:5 Md. R. 407)
History: Regulations .01—06 repealed and new Regulations .01—.05 adopted effective November 27, 2000 (27:23 Md. R. 2146)
History: Regulation .03C amended effective November 1, 2010 (37:22 Md. R. 1553)
History: Regulation .03D adopted effective November 19, 2007 (34:23 Md. R. 2025)
History: Regulation .05C adopted effective November 19, 2007 (34:23 Md. R. 2025)