An Act To Allow Drug Testing Prior to Providing Welfare Benefits
Sec. 1. 22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is amended to read:
(1) With respect to an applicant, the applicant's answers to the screening tool create a reasonable suspicion by the department that the applicant is using an illegal drug or controlled substance;
(2) The recipient or applicant has been convicted of a drug-related felony, as described in Section 115 of PRWORA, within the prior 20 years; or
(3) Based on interactions with the recipient or applicant, department staff develop a reasonable suspicion that the recipient or applicant is using an illegal drug or controlled substance.
(1) The If that person is a recipient of TANF assistance, the person's TANF assistance is subject to termination;
(2) The person is entitled to a fair hearing regarding the termination or denial 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.
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 allows the Department of Health and Human Services to require an applicant for Temporary Assistance for Needy Families, or TANF, benefits to complete a written screening tool to determine the applicant's likelihood of current illegal drug or controlled substance use. Based on the results of the screening tool or interactions with a TANF applicant or recipient, the department may require the applicant or recipient to submit to a drug test as a condition of receiving benefits if the department has a reasonable suspicion that the applicant or recipient is using an illegal drug or controlled substance.