HB-5223, As Passed House, June 7, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5223

A bill to amend 1939 PA 280, entitled

"The social welfare act,"

(MCL 400.1 to 400.119b) by adding section 57v.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 57v. (1) The department shall establish and administer a

program of suspicion-based substance abuse screening and testing

for family independence program applicants and recipients as

described in this section.

(2) Not later than January 1, 2013, the department shall

administer suspicion-based substance abuse screening and testing

for family independence program applicants and recipients in 3 or

more counties in this state. The department shall determine which 3

or more counties shall begin the initial administration of the

suspicion-based substance abuse screening and testing required in

this subsection.

(3) Not later than January 1, 2014, the department shall

administer suspicion-based substance abuse screening and testing

for family independence program applicants and recipients in 1/2 of

the counties in this state. The department shall determine which

counties shall begin administering suspicion-based substance abuse

screening and testing on January 1, 2014.

(4) Not later than January 1, 2015, the department shall

administer suspicion-based substance abuse screening and testing

for family independence program applicants and recipients in all of

the counties of this state.

(5) The department shall administer suspicion-based substance

abuse screening and testing required under this section by doing

either of the following:

(a) The department shall develop and administer a substance

abuse survey that shall be used upon initial application for family

independence program applicants and at annual redetermination for

family independence program recipients.

(b) Upon initial application and at annual redetermination,

the department shall screen family independence program applicants

and recipients for suspicion of substance abuse using an

empirically validated substance abuse screening tool.

(6) If the results of the substance abuse screening gives the

department a reasonable suspicion to believe that the applicant or

recipient has engaged in the illegal use of a controlled substance,

the applicant or recipient is required to take a substance abuse

House Bill No. 5223 (H-1) as amended June 7, 2012

test. [If the applicant or recipient refuses to take a substance abuse

test, he or she is ineligible for family independence program assistance, but may reapply after 6 months, subject to another substance abuse screening as required in this section. The applicant or recipient must test negative for illegal use of a controlled substance in order to receive family independence program assistance.

(7) If the applicant or recipient tests positive for illegal use

of a controlled substance, he or she may choose to proceed in 1 of the

following ways:

(a) He or she will be ineligible for family independence program

assistance, but may reapply after 6 months, subject to another substance

abuse screening as required in this section. The applicant or recipient

must test negative for illegal use of a controlled substance in order to

receive family independence program assistance.

(b) He or she shall enroll in a substance abuse treatment program. During participation in the substance abuse treatment program required under this subdivision, the applicant or recipient is ineligible to receive family independence program assistance. The applicant or recipient shall sign a release to authorize the substance abuse treatment counselor to communicate with the department regarding the applicant's or recipient's progress in the substance abuse treatment program. After 90 days in the substance abuse treatment program, upon approval from the department, the applicant or recipient may retake the substance abuse test. If he or she tests negative for illegal use of a controlled substance and meets all other eligibility requirements, he or she is eligible to receive family independence program assistance. If, after 90 days, he or she is not following the treatment plan, he or she may not retake the substance abuse test for 6 months. If, at any time after participating in the substance abuse treatment program, the applicant or recipient tests positive for illegal use of a controlled substance, he or she remains ineligible to receive family independence program assistance and will not be allowed to reapply and retake a substance abuse test for family independence program assistance for 12 months.]

(8) If an applicant tests negative for illegal use of a

controlled substance and meets all the other eligibility

requirements for the family independence program, the cost of

administering the substance abuse test to the applicant shall be

deducted from his or her first family independence program

assistance payment. If a recipient tests negative for illegal use

of a controlled substance and meets all the other eligibility

requirements for the family independence program at an annual

House Bill No. 5223 (H-1) as amended June 7, 2012

redetermination by the department, the cost of administering the

substance abuse test to the recipient shall be deducted from his or

her first family independence program assistance payment after the

annual redetermination.

(9) If, upon reapplying for family independence program

assistance, an applicant or recipient who previously tested

positive as described in subsection (7) tests positive again or

refuses to take a subsequent substance abuse test, the applicant or

recipient is ineligible for family independence program benefits

for 12 months.

[(10) Before implementing the provisions of subsections (3) and (4), and annually after the program has been fully implemented, the department shall submit a report to the legislature that includes, at least, all of the following:

(a) The number of individuals screened.

(b) The number of individuals screened for whom there was a reasonable suspicion of illegal use of a controlled substance.

(d) The number of individuals who refused to submit to a substance abuse test.

(e) The number of individuals who submitted to a substance abuse test who tested positive for illegal use of a controlled substance.

(f) The number of individuals who submitted to a substance abuse test who tested negative for illegal use of a controlled substance.

(g) The number of individuals who tested positive for illegal use of a controlled substance for a second or subsequent time.

(h) The amount of the costs incurred by the department for administering the program.

(11) All information, interviews, reports, statements, memoranda, and substance abuse test results, written or otherwise, received by the department through a substance abuse screening or testing program required under this section are confidential communications subject to the privacy protections under the health insurance portability and accountability act of 1996, Public Law 104-191, and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this section or in determining eligibility under this act.

(12)] For the purposes of this section only, an applicant or