HB-4118, As Passed House, May 1, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4118

     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) Subject to state appropriation, not later than April 1,

2014, the department shall, in accordance with section 14g,

administer a suspicion-based substance abuse screening and testing

pilot program 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

House Bill No. 4118 (H-2) as amended April 30, 2013

testing required in this subsection.

     (3) 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.

     (4) 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.

     (5) 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. If the applicant or

recipient reapplies for family independence program assistance, he

or she must test negative for illegal use of a controlled substance

in order to receive family independence program assistance.

[(6) If the applicant or recipient tests negative for illegal use of a controlled substance, the cost of administering the substance abuse test to him or her shall be paid for by the department.

(7)] If the applicant or recipient tests positive for illegal

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

she tests positive under the pilot program described in this

section, the department shall refer the individual to the regional

substance abuse coordinating agencies 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

House Bill No. 4118 (H-2) as amended April 30, 2013

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

regional substance abuse coordinating agencies or fails to submit

to periodic substance abuse testing required by the regional

substance abuse coordinating agencies, the department shall

terminate his or her family independence program assistance.

[(8)] If the applicant or recipient tests positive for illegal

use of a controlled substance and it is the second or subsequent

time he or she has tested positive for illegal use of a controlled

substance as part of the pilot program described in this section,

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 illegal 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 the regional substance abuse coordinating

agencies for substance abuse treatment.

[(9)] The pilot program described in this section shall conclude

on March 31, 2015.

[(10)] 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.

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

reasonable suspicion of illegal use of a controlled substance.

House Bill No. 4118 (H-2) as amended April 30, 2013

     (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)] For the purposes of this section only, an applicant or

recipient is an individual who is 18 years of age or older.

[(12)] 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.