HOUSE BILL No. 4118

 

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.