January 29, 2013, Introduced by Reps. Farrington, Rogers, Glardon, Yonker, Poleski, Shirkey, Price, Johnson, Forlini, Lund, Rendon, Jenkins, Cotter, O'Brien, McBroom, Graves, Outman, Heise, Hooker, Kurtz, Lauwers, Daley, Kowall, Somerville, Kelly, Pettalia and Franz and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
(MCL 400.1 to 400.119b) by adding section 57y.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 57y. (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, 2014, 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, 2015, 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, 2015.
(4) Not later than January 1, 2016, 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
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
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.
(c) The number of individuals who consented to submitting to a
substance abuse test.
(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
recipient is an individual who is 18 years of age or older.
(13) As used in this section, "controlled substance" means
that term as defined in section 7104 of the public health code,
1978 PA 368, MCL 333.7104.