HB2021 HH&HR AM 2-19

CR 3338

The Committee on Health and Human Resources moves to amend the bill on page 1, line 16, by striking everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-6. Drug testing for recipients of federal-state and state assistance.

(a) The terms mean:

(1) “Department” means the Department of Health and Human Resources;

(2) “Drug Screening” means any chemical, biological, or physical instrumental analysis administered by a laboratory certified by the United States Department of Health and Human Services or other licensing agency in this state for the purpose of determining the presence or absence of a drug or its metabolites.

(3) “Secretary” means the Secretary of the department or his or her designee.

(4) “Temporary Assistance for Needy Families Program” means assistance provided through ongoing cash benefits.

(b) The Secretary of the Department of Human Resources shall implement and administer a drug screening program for an adult applying for the Temporary Assistance for Needy Families Program based upon a reasonable suspicion that the adult uses or is under the influence of a drug.

(1) Convicted of a drug-related offense within the previous five years, other than simple possession of an illegal controlled substance; or

(2) A mother who delivers an infant addicted to certain controlled substances, not legally prescribed, including amphetamines, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, and any tricyclic antidepressants: Provided, That if the mother agrees to undergo a course of substance abuse education and treatment as prescribed in article fifteen, chapter sixty-two of this code, or the substantial equivalent, she is eligible to apply for the benefits, subject to the imposition of further mandatory drug testing not inconsistent with the provisions of this code.

(3) Presentation of a valid prescription of the controlled substance detected is an absolute defense for failure of any drug test administered under the provisions of this section.

(d) The department shall require an applicant to disclose any criminal conviction related to the use or distribution of a drug or drug related offense on an application for the Temporary Assistance for Needy Families Program.

(e) Other adult members of a household that includes a person who has been declared ineligible for the Temporary Assistance for Needy Families Program shall, if otherwise eligible, continue to receive temporary assistance for needy families benefits.

(f) (1) No dependent child's eligibility for benefits under the Temporary Assistance for Needy Families Program may be affected by a parent’s failure to pass a drug test.

(2) If a parent is deemed ineligible for the Temporary Assistance for Needy Families Program, the dependent child eligibility for public assistance benefits is not affected and an appropriate protective payee shall be designated to receive benefits on behalf of the child.

(3) The parent may choose to designate another person to receive benefits for the minor child. The designated person shall be an immediate family member or, if an immediate family member is not available or the family member declines the option, another person, may be designated.

(4) The designated person shall be approved by the secretary. The designated person shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated person tests positive for controlled substances, he or she is ineligible to receive benefits on behalf of the child.

(g) (1) An applicant for the Temporary Assistance for Needy Families Program, who is determined ineligible to receive benefits by the secretary is ineligible to receive, and prohibited from reapplying for, benefits for a period of two years from the date that secretary determined the applicant to be ineligible. An applicant determined to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for the Temporary Assistance for Needy Families Program; and

(2) An individual who is prohibited to receive benefits under this section may reapply for benefits no sooner than six months after the secretary declares he or she is ineligible for benefits, if the individual can document the successful completion of a drug treatment program as specified in this section,. An individual who has met the requirements of this subsection and reapplies for the Temporary Assistance for Needy Families Program shall also pass a drug test. The cost of any drug testing and drug treatment provided under this subsection is the responsibility of the individual being tested and receiving treatment. An individual may reapply for the Temporary Assistance for Needy Families Program pursuant to the exception contained in this subdivison only once.

(h) An applicant who is denied admittance to the Temporary Assistance for Needy Families Program under this section may request a review the denial by the Board of Review. The results of a drug screening are admissible without further authentication or qualification in the review of denial by the Board of Review and in any appeal.

(i) The secretary shall ensure the confidentiality of all drug test results administered as part of this program. Drug test results shall only be used for the purpose of determining eligibility for the Temporary Assistance for Needy Families Program. At no time may drug test results be released to any public or private person or entity or any law-enforcement agency, except as otherwise authorized by this section.

(j) The secretary shall promulgate a legislative rule according article three, chapter twenty-nine-a to prescribe the design, operation, and standards for the implementation of this section by July 1, 2015.

(k) A person who intentionally misrepresents any material fact in an application filed under the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 or more than $1,000 or by imprisonment in jail not exceeding six months or by both fine and imprisonment.