HB2021 HFA Ellington, Gearheart, & Householder 3-3

CR 3338

            Delegates Ellington, Gearheart, and Householder move to amend the bill on page 1, line 18, 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 assessment” means a process whereby the Secretary determines whether reasonable suspicion exists that the applicant uses a drug.

            (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 pursuant to 42 U.S.C. §601, et seq.

            (b) The Secretary shall implement and administer a drug screening assessment program for an adult applying for the Temporary Assistance for Needy Families Program.

            (c) The Secretary shall propose an emergency and legislative rule for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a developing the criteria used in a drug screening assessment. These criteria may include, but is not limited to:

            (1) An assessment conducted during the application process including;

            (A) an applicant's demeanor;

            (B) missed appointments at a local county office;

            (C) denial of an application for employment due to a positive drug screen; and

            (D) termination from employment due to drug use;

            (2) Whether the applicant was convicted of a drug-related offense within the previous five years; or

            (3) Whether the applicant is a mother who delivered an infant, who has certain controlled substances, not legally prescribed, in his or her system, including amphetamines, tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), any opiate, barbiturate, benzodiazepine, methamphetamine, propoxyphene, and any tricyclic antidepressants.

            (d) The Secretary shall order the drug testing of an applicant when based upon the applicant’s drug screening there exists a reasonable suspicion that the applicant is unlawfully a using controlled substance. An applicant who refuses a drug screen or drug test is ineligible for cash assistance. 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.

            (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 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 the process described in subsection (c) 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 because of a failed drug test 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 subdivision only once.

            (3) Notwithstanding subdivisions (1) and (2), a mother who 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, is immediately eligible for the Temporary Assistance for Needy Families Program, subject to the imposition of a mandatory drug test.

            (h) An applicant who is denied admittance to the Temporary Assistance for Needy Families Program under this section may request a review of the denial by the Board of Review. The results of a drug screening and the drug test 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 the drug screening and the drug test results administered as part of this program. The drug screening and 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 screening or 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) An individual convicted under federal or state law of any offense which is classified as a felony in West Virginia which has as an element the possession, use, or distribution of a controlled substance, as defined by 21 U.S.C. §802(6) is not eligible for Temporary Assistance for Needy Families.

            (l) 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.

            (m) The secretary shall report to the Legislative Oversight Commission on Health and Human Resources by December 31, 2015 on the status of the program described in this section, and on December 31, 2016 on the program. The report shall include, but not be limited to:

            (1) the number of applicants who were deemed ineligible to receive benefits under the program because of a positive test for controlled substances;

            (2) the number of applicants who declines testing;

            (3) the number of applicants that are deemed ineligible because of a conviction of a drug-related offense or felony as described in this section; and

            (4) the number of those applicants that receive benefits after successful completion of a drug treatment program as specified in this section.”