SB-0275, As Passed Senate, December 12, 2013

SUBSTITUTE FOR

SENATE BILL NO. 275

(As amended December 11 and 12, 2013)

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 determined that he or she used

that controlled substance in violation of state law, and it is the first

time that it is determined that he or she tested positive for use of a

controlled substance in violation of state law under the pilot program

described in section 57y,>> the department shall refer the individual

to the

<<department-designated community mental health entities>> 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

Senate Bill No. 275 as amended December 11, 2013 (1 of 2)

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 entities>> or fails to

submit

to periodic substance abuse testing required by the <<DEPARTMENT-

designated community mental health entities>>, 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 determined that he or she used that

controlled substance in violation of state law, and it is the second or

subsequent time it is determined that he or she tested positive for use

of a controlled substance in violation of state law under the pilot

program described in 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 <<not test positive for use of A

controlled substance with a determination that the use of the

controlled substance was in violation of state law>> in order to

receive family independence

program assistance. The department may provide a referral to the

applicant or recipient to the <<department-designated community Mental

health entities>> for substance abuse treatment.

(3) The pilot program described in section 57y shall conclude

on March 31, 2015.

<<(4) If an applicant or recipient who is a parent and has a dependent child in his or her family independence program assistance group becomes ineligible to receive family independence program assistance under this section, all of the following apply:

(a) The applicant's or recipient's dependent child remains eligible for family independence program assistance.

(b) An appropriate protective payee shall be designated to receive family independence program benefits on behalf of the child.

(c) The applicant or recipient described in this subsection may choose to designate another individual to receive the family independence program benefits on behalf of the child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines, another individual approved by the department.

(5) If an applicant or recipient is referred to and participates in treatment under this section, the department or any applicable health plan that the individual may be covered under shall pay for that treatment.

(6)>> Not later than April 30, 2015, the department shall submit

a report to the legislature that includes, at least, all of the

following:

(a) The number of individuals screened.

Senate Bill No. 275 as amended December 11, 2013 (1 of 2)

(b) The number of individuals screened for whom there was a

reasonable suspicion of illegal use of a controlled substance.

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

with a determination that the use of the controlled substance was in

violation of state law.>>

(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 with a determination that the use of the

controlled substance was not in violation of state law.

(H)>> The number of individuals who tested positive for <<use of A

controlled substance with a determination that the use of the

controlled substance was in violation of state law a second or

subsequent time.

(I)>> The amount of the costs incurred by the department for

administering the program.

<<(J) The number of applicants and recipients who were referred to the department-designated community mental health entities under this section.

(K) Sanctions, if any, that have been imposed on recipients as a result of the substance abuse testing under this section.

(7) 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.

(8)>> 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.

<<(9)>> 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.

<<(10) As used in this section, "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.>>

Enacting section 1. This amendatory act does not take effect

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

law.