January 24, 2012, Introduced by Senator HUNE and referred to the Committee on Families, Seniors and Human Services.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) by adding section 10d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10d. (1) The department shall require an applicant for or
a recipient of public assistance to submit to substance abuse
testing if the caseworker has a reasonable suspicion regarding
substance abuse relating to that applicant or recipient.
(2) If the applicant or recipient tests negative for substance
abuse and meets all other conditions of eligibility for public
assistance, he or she may receive public assistance.
(3) If the applicant or recipient tests positive for substance
abuse, the applicant or recipient is ineligible to receive public
assistance as follows:
(a) If the applicant or recipient can document that he or she
is participating in or has completed treatment, he or she is
ineligible for public assistance, but may reapply after 180 days.
The applicant or recipient must test negative for substance abuse
in order to receive public assistance.
(b) If the applicant or recipient cannot document that he or
she is participating in or has completed treatment, he or she is
ineligible for public assistance, but may reapply after 365 days.
The applicant or recipient must test negative for substance abuse
in order to receive public assistance.
(4) The department shall administer suspicion-based substance
abuse testing required under this section as follows:
(a) The department shall develop and administer a substance
abuse survey that shall be used upon initial application for
applicants and at annual redetermination for recipients.
(b) The department shall screen an applicant or recipient for
suspicion of substance abuse using an empirically validated
substance abuse screening tool in a 1-on-1 contact.
(c) The department shall gather additional information about
the applicant or recipient, including requiring a substance abuse
test.
(d) The department shall determine the level of substance
abuse treatment services needed for the applicant or recipient and
shall make the appropriate referral for treatment.
(5) As used in this section:
(a) "Public assistance" means the family independence program,
state family assistance, state disability assistance, food
assistance program, or child development and care program provided
under this act.
(b) "Treatment" means referral to substance abuse treatment
services described in subsection (4)(d).