The Oklahoman

AG: Health Department will be audited

- By Nolan Clay Staff writer nclay@oklahoman.com

The state auditor agreed Tuesday to conduct an investigat­ive audit of the Oklahoma Health Department after the attorney general raised spending concerns.

Gov. Kevin Stitt criticized Attorney General Mike Hunter for making the request.

“It is disappoint­ing that the Attorney General would see the need to entangle the agency with an investiga-tion when it is in the midst of responding to the most historic pandemic of our time,” Stitt said.

The request for an audit came after disclosure­s in the media about the extreme steps state officials have been willing to take to find N95 masks and other equipment during the coronaviru­s crisis. Critics have called the steps too risky.

Health Commission­er Gary Cox said Tuesday “we are confident the financial review will demonstrat­e our efforts for excellence to protect public health.”

State Auditor & Inspector

Cindy Byrd said she is making plans to assign staff to the audit and begin as early as next week. “The attorney general has indicated that this is a priority,” she said.

Hunter made the formal request for an investigat­ive audit in a letter Tuesday. He told the auditor he has a duty as the state' s chief law officer“to enforce the proper applicatio­n of monies appropriat­ed by the Legislatur­e and to prosecute breaches of trust in the administra­tion of such funds.”

His chief deputy warned the health commission­er in a separate letter that any effort to hinder the examinatio­n is prohibited.

St it tear li er Tuesday praised Gino DeMarco, the official primarily responsibl­e for making the multi milliondol­lar PPE deals. “He's done a fantastic job,” the governor said at a news briefing.

The Oklahoman reported Tuesday that health officials had been moving forward with a $9.5 mill io np urchase of N 95 mask sand other equipment from a new company even after being told the FBI was investigat­ing it. A special agent with the FBI told De Marco the company was being investigat­ed for possible fraudulent activity involving Chinese ventilator­s, according to informatio­n obtained by The Oklahoman.

Health officials canceled that deal Monday at the last minute.

The Oklahoman reported April 20 that health officials were ordering more than $9 million in masks from a Tulsa company that at the time had been in existence for less than a month. A partner in that company also owned a Tulsa piano bar.

The Oklahoman also reported April 20 that the state secretary of health, Jerome Lo ugh ridge, had authorized prepayment on some supplies costing millions of dollars.

Deliveries of certain supplies, particular­ly of N 95 masks from China, have been slow to arrive or have not arrived at all, officials have acknowledg­ed. The Health Department on Tuesday evening reported having approximat­ely 130,000 N95 masks on hand.

The Associated Press reported this week that Oklahoma spent $2 million to buy the malaria drug, hydroxy chloroquin­e, to treat patients with the coronaviru­s despite warnings from doctors that more research was needed. Stitt said Tuesday, “I was being proactive to try and protect Oklahomans.”

DeMarco, a deputy tourism director, now has the title of PPE supply chain leader.

A this news briefing

Tuesday, the governor said he brought in DeMarco in March to be the“czar” for PPE. “You've got to understand that my goal as the governor is to protect the health and lives of Oklahomans,” Stitt said. “I told him to go out and get — procure — gowns, gloves, N95 masks, build up the ... stockpile. We knew we were getting reimbursed for that.”

In his comments about an investigat­ive audit, Stitt said strong reporting requiremen­ts are already in place.

“In light of Congress providing Oklahoma with $1.2 billion in funds to respond to COVID-19, my administra­tion arranged a few weeks ago a strategic financial team of public employees to closely monitor C OVID-related transactio­ns and to be prepared to account for every penny to Congress and the federal government,” the governor said in a news release.

The commission­er said the Health Department has been “above board and quick to provide informatio­n, where legally able, on our transactio­ns to anyone who asks.”

In the letter to the commission­er, the AG' s chief deputy, Mary Ann Roberts, wrote employees cannot be discipline­d for reporting mismanagem­ent, a gross waste of public funds, an abuse of authority or a danger to public health or safety. The chief deputy specifical­ly cited the state's whistleblo­wer act, explaining it “provides protection to employees reporting wrongful government­al activities.”

She also wrote that neglectful or willful destructio­n of evidence is sanctionab­le.

A previous inv es ti gat ive audit of the Health Department looked at its financial conditions back to July 1, 2010. It was released in 2018 after the state's multicount­y grand jury completed its own investigat­ion.

That audit and the state grand jury found that millions of dollars had been hidden from lawmakers in a “slush fund” that allowed the Health Department to spend beyond its means for years.

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