March 19, 2013, 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 57y.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 57y. (1) The department shall establish and administer a
program of substance abuse screening and testing based on
reasonable suspicion for family independence program applicants and
recipients as described in this section.
(2) Not later than July 1, 2014, the department shall
administer substance abuse screening and testing based on
reasonable suspicion 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 substance abuse screening and testing based
on reasonable suspicion required in this subsection.
(3) Not later than July 1, 2015, the department shall
administer substance abuse screening and testing based on
reasonable suspicion 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 substance
abuse screening and testing based on reasonable suspicion on July
1, 2015.
(4) Not later than July 1, 2016, the department shall
administer substance abuse screening and testing based on
reasonable suspicion for family independence program applicants and
recipients in all of the counties of this state.
(5) Upon initial application and at annual redetermination,
the department shall screen family independence program applicants
and recipients for reasonable 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 tests positive for illegal use
of a controlled substance and it is the first time he or she has
tested positive, in order to obtain or maintain eligibility in the
family independence program, he or she is subject to the provisions
set forth in sections 57e(1)(e) and 57g. 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. 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 under a test required under this
section and it is the second or a subsequent positive test, 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. 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 and successful
completion of the substance abuse treatment program, 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) Beginning March 1, 2015, and each subsequent year, the
department shall submit a report to the legislature that includes,
but is not limited to, 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 number of individuals tested, the illegal controlled
substances tested for, the results of the testing, and the number
of referrals for treatment based on the testing results.
(i) Sanctions, if any, that have been imposed on recipients as
a result of the screening and testing program.
(j) The costs incurred by the department for administering the
program.
(9) 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.
(10) As used in this section:
(a) "Applicant" means an individual 18 years of age or older
who applies for family independence program assistance.
(b) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Recipient" means an individual 18 years of age or older
who receives family independence program assistance.