An Act To Eliminate Drug Use among Welfare Recipients
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.
This paragraph is repealed October 1, 2019.
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 applicant for Temporary Assistance for Needy Families, or TANF, benefits to complete a written screening tool to determine the applicant's likelihood of current substance use. Based on the results of the screening tool or interactions with a TANF applicant or recipient, the Department of Health and Human Services 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.
If a recipient or applicant fails a drug test, that person may appeal the results and take a 2nd drug test. If a recipient of TANF benefits or applicant for TANF benefits does not appeal or fails a 2nd drug test, that recipient is denied TANF benefits for 120 days and the applicant is prohibited from reapplying for TANF benefits for 120 days. This mandatory denial provision is repealed October 1, 2019.