HP0955, LD 1407, item 1, An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program

An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §3104, sub-§14, as amended by PL 2009, c. 291, §2, is repealed.

Sec. 2. 22 MRSA §3762, sub-§1, ¶¶B-2, B-3 and D-1 are enacted to read:

B-2. "Drug" means a controlled substance as defined in the federal Controlled Substances Act, 21 United States Code, Section 802(6).

B-3. "Drug test" means a chemical test administered to determine the presence of a drug or a drug's metabolites in a person's body fluids.

D-1. "Substance use disorder" means any diagnosable disorder characterized by a cluster of cognitive, behavioral and physiological symptoms indicating that the individual continues to use a substance despite significant substance-related problems that is supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

Sec. 3. 22 MRSA §3762, sub-§17, as enacted by PL 2001, c. 598, §2, is repealed.

Sec. 4. 22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is amended to read:

20. Denial of assistance based on positive drug test. A recipient of TANF assistance may be denied TANF assistance as described in this subsection.

A. The department may administer a drug test to a recipient of TANF assistance who has been convicted of a drug-related felony, as described in Section 115 of PRWORA, within 20 years of that person's date of conviction.

B. If a person under paragraph A tests positive for an illegal drug, the department shall notify that person that:

(1) The person's TANF assistance is subject to termination;

(2) The person is entitled to a fair hearing regarding the termination of TANF assistance; and

(3) If the person requests a fair hearing, the person shall submit to a 2nd drug test to verify the results of the first drug test.

C. The results of the 2nd drug test must be available prior to the fair hearing, if practicable. The person shall cooperate in a timely manner in submitting to the 2nd drug test. If the 2nd drug test confirms that the person is using an illegal drug, the person may avoid termination of TANF assistance by enrolling in a substance abuse treatment program appropriate to the type of illegal drug being used by that person.

D. If the department determines that, for good cause, a person is unable to enroll in a substance abuse program as required by paragraph C, the person remains eligible for TANF assistance until such time that the department determines that the person is able to enroll in a substance abuse treatment program.

E. The department shall terminate TANF assistance to a person who fails to request a fair hearing and submit to a 2nd drug test as described in paragraph B or who fails to participate in a substance abuse treatment program as required pursuant to paragraph C or D.

F. An adult applicant for or an adult recipient of TANF benefits in the assistance unit who otherwise qualifies for cash assistance under the TANF program is required to complete a written screening questionnaire designed to determine the likelihood of the person's having a substance use disorder.

G. If the results of the written screening questionnaire under paragraph F indicate a reasonable likelihood that the adult applicant for or the adult recipient of TANF benefits may have a substance use disorder involving the misuse of a drug, the department shall require the person to submit to a drug test at the department's expense in order to continue to receive cash assistance under the TANF program.

H. If a person refuses to take the drug test required pursuant to paragraph G, the department shall terminate cash assistance for the person and the person may not reapply for cash assistance for:

(1) Ninety days after the first refusal to take a drug test within a one-year period; and

(2) One year after the 2nd refusal to take a drug test within a one-year period.

I. A drug test under paragraph G must be administered with due regard to the privacy and dignity of the person being tested.

J. Before taking a drug test pursuant to paragraph G, the person may advise the person administering the test of any prescription or over-the-counter medication the person is taking.

K. The result of a drug test under paragraph G is not a public record under Title 1, chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited.

L. If an adult applicant for or an adult recipient of TANF benefits tests negative for the unlawful use of a drug, the person remains eligible for cash assistance, subject to other TANF eligibility requirements.

M. If an adult applicant for or an adult recipient of TANF benefits tests positive for the unlawful use of a drug, the person:

(1) Must be given a list of approved substance use disorder treatment providers that are available in the area in which the person resides; and

(2) May receive or continue to receive TANF benefits if the person enters into and follows the requirements of a substance use disorder treatment plan, including:

(a) Receiving treatment from an approved substance use disorder treatment provider for at least 90 days;

(b) Testing negative for the unlawful use of a drug:

(i) In each drug test required by the department by rule during treatment; and

(ii) In a drug test to be given at the conclusion of treatment; and

N. If an adult applicant for or an adult recipient of TANF benefits declines to enter into a substance use disorder treatment plan pursuant to paragraph M or if the person enters into but fails to meet a requirement of a substance use disorder treatment plan, including the person's refusal to take a drug test required by a substance use disorder treatment plan, or if the person tests positive for the unlawful use of a drug in a drug test required by a substance use disorder treatment plan, the department may not provide or shall terminate cash assistance for the person, and the person may not reapply for cash assistance for:

(1) Ninety days after the day on which the department determines that the person is not or is no longer eligible for cash assistance;

(2) One year after the day on which the department determines that the person is not or is no longer eligible for cash assistance if the department had previously determined on one occasion in the past year that the person was not or was no longer eligible for cash assistance pursuant to this subsection; or

(3) Ten years after the day on which the department determines that the person is not or is no longer eligible for cash assistance if the department had previously determined on at least 2 other occasions in the past 5 years that the person was not or was no longer eligible for cash assistance pursuant to this subsection.

The department shall adopt routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, to implement the provisions of this subsection, including determining what constitutes "good cause" under paragraph D.

SUMMARY

This bill requires an adult applicant for or an adult recipient of benefits under the Temporary Assistance for Needy Families, or TANF, program to be screened and possibly physically tested for the unlawful use of drugs. The outcome of testing may result in that person's being denied or losing TANF benefits if subsequent substance use disorder treatment is not successfully completed. The bill also repeals provisions that prohibit the State's denying food assistance and TANF assistance to a person who has been convicted of a drug-related felony.

HP0955 LD 1407	Session - 127th Maine Legislature		LR 1994 Item 1
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