SB-0275, As Passed Senate, December 10, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 275

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

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

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57z. (1) If an applicant or recipient tests positive for

use of a controlled substance and it is the first time that he or

she tested positive for use of a controlled substance under the

pilot program described in this section and section 57y, the

department shall refer the individual to a department-designated

community mental health entity and, if he or she is otherwise

eligible, provide or continue to provide family independence

program assistance to him or her. For an applicant described in

this subsection, the cost of administering the substance abuse test

to him or her shall be deducted from his or her first family

independence program assistance payment. For a recipient described

in this subsection, the cost of administering the substance abuse

test to him or her shall be deducted from his or her first family

independence program assistance payment after the redetermination.

If the applicant or recipient described in this subsection fails to

participate in treatment offered by the department-designated

community mental health entity or fails to submit to periodic

substance abuse testing required by the department-designated

community mental health entity, the department shall terminate his

or her family independence program assistance.

     (2) If an applicant or recipient tests positive for use of a

controlled substance and it is the second or subsequent time that

he or she tested positive for use of a controlled substance under

the pilot program described in this section and section 57y, he or

she is ineligible for family independence program assistance. If

the applicant or recipient reapplies for family independence

program assistance, he or she must test negative for use of a

controlled substance in order to receive family independence

program assistance. The department may provide a referral to the

applicant or recipient to a department-designated community mental

health entity for substance abuse treatment.

     (3) The pilot program described in this section and section

57y shall begin not later than October 1, 2015 and conclude not

later than September 30, 2016 but shall last not less than 1 year.

     (4) Not later than 60 days after the conclusion of the pilot

program described in this section and section 57y, 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 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 use of a controlled substance.

     (f) The number of individuals who submitted to a substance

abuse test who tested negative for use of a controlled substance.

     (g) The number of individuals who tested positive for use of a

controlled substance a second or subsequent time.

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

administering the program.

     (i) The number of applicants and recipients who were referred

to a department-designated community mental health entity under

this section.

     (j) Sanctions, if any, that have been imposed on recipients as

a result of the substance abuse testing under this section.

     (5) For the purposes of this section and section 57y only, an

applicant or recipient is an individual who is 18 years of age or

older.

     (6) For purposes of this section and section 57y only, "use of

a controlled substance" does not include a recipient or applicant

who has a prescription for the controlled substance from a treating

physician or a recipient or applicant who tests positive for

marihuana if the recipient or applicant is a qualifying patient who

has been issued and possesses a registry identification card

according to the Michigan medical marihuana act, 2008 IL 1, MCL

333.26421 to 333.26430.

     (7) As used in this section and section 57y, "controlled

substance" means that term as defined in section 7104 of the public

health code, 1978 PA 368, MCL 333.7104.

     (8) As used in this section:

     (a) "Department-designated community mental health entity"

means that term as defined in section 100a of the mental health

code, 1974 PA 258, MCL 330.1100a.

     (b) "Qualifying patient" and "registry identification card"

mean those terms as defined in section 3 of the Michigan medical

marihuana act, 2008 IL 1, MCL 333.26423.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4118 of the 97th Legislature is enacted into

law.