Title 16
1000 Administration
1005 Case Record Maintenance and Retention
Case records will contain important facts regarding applicants for and recipients of DSS and DMMA services, the dates that applications for benefits are filed and the dates eligibility decisions are reached, the facts essential to determining initial and continuing eligibility for financial assistance, medical assistance, food stamps or other services, the basis for terminating assistance or services, and information regarding overpayments and claims.
The Division of Management (DMS) of the Department of Health and Social Services, in discharging its fiscal accountability, will maintain an accounting system and supporting fiscal records adequate to assure that claims for federal funds are in accord with applicable Federal requirements.
The Division of Social Services and the Division of Medicaid and Medical Assistance will maintain case records for its State and/or federally funded programs for a period of five (5) years subject to the following qualifications:
a) The five-year retention period starts from the date of termination of cash assistance benefits.
b) The records will be retained beyond the five (5) year period if the Division has been notified of a pending audit.
c) Records of non-expendable property which was acquired with Federal grant funds shall be retained by the State Office for five (5) years after final disposition of such property.
d) Any papers (forms or correspondence) in an active record which are more than four (4) calendar years old may be destroyed on site with the permission of the unit supervisor who has possession of the record. In destroying such papers, care should be taken not to destroy records of permanent value such as birth certificates, deeds, trusts, contracts, or other records of value. The following are examples of forms which may be destroyed on site:
Cash Assistance and Food Stamp budget sheets; Bank forms or statements; Wage forms or stubs; Shelter statements, bills, or receipts; Duplicate forms, letters, etc. Note: Information needed to substantiate outstanding overpayments cannot be destroyed.
Cases that are under investigation by the Department of Justice (DOJ) or that have outstanding overpayments will be retained beyond the three-year period and will remain intact until the investigation and subsequent legal action is complete or the overpayment is filed. Case files that have been referred to DOJ for prosecution are so indicated with a file copy of the Criminal Justice Report.
9 DE Reg. 1001 (12/01/05)
