HF 2360

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2016 02:31pm

A bill for an act
relating to human services; creating a suspicion-based substance abuse screening
and testing pilot program for MFIP applicants and recipients; requiring a report.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin SUSPICION-BASED SUBSTANCE ABUSE SCREENING AND
TESTING PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish
and administer a suspicion-based substance abuse screening and testing pilot program for
applicants and recipients of the Minnesota Family Investment Program (MFIP) under
Minnesota Statutes, chapter 256J.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Applicant" or "recipient" means an individual who is applying for or receiving
MFIP assistance and who is 18 years of age or older.
new text end

new text begin (c) "Commissioner" means the commissioner of human services.
new text end

new text begin (d) "Community mental health center" has the meaning given in Minnesota Statutes,
section 245.62.
new text end

new text begin (e) "Controlled substance" has the meaning given in Minnesota Statutes, section
152.01, subdivision 4.
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new text begin (f) "Use of a controlled substance" does not include a recipient or applicant who:
new text end

new text begin (1) has a valid prescription for a Schedule II to V controlled substance under
Minnesota Statutes, section 152.02, from a treating physician and who is complying
with the recommended dosage; or
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new text begin (2) tests positive for cannabis if the applicant or recipient is actively registered as
a patient under Minnesota Statutes, sections 152.22 to 152.37, for the use of medical
cannabis.
new text end

new text begin Subd. 3. new text end

new text begin Suspicion-based substance abuse screening and testing. new text end

new text begin (a) Subject to
state appropriation, the commissioner and lead agencies shall administer a suspicion-based
substance abuse screening and testing pilot program for MFIP applicants and recipients in
at least three counties in Minnesota, including one urban county, one suburban county,
and one rural county. The commissioner shall determine which counties shall begin the
initial administration of suspicion-based substance abuse screening and testing required
in this section.
new text end

new text begin (b) Upon initial application and at annual recertification, the lead agency shall
screen MFIP applicants and recipients for substance abuse using an empirically validated
substance abuse screening tool. If the results of the substance abuse screening gives the
lead agency a reasonable suspicion to believe that the applicant or recipient has engaged in
the use of a controlled substance, the applicant or recipient is required to take a substance
abuse test.
new text end

new text begin (1) If an applicant or recipient refuses to take the substance abuse test, the individual
is ineligible for MFIP, but may reapply after 180 days. If the applicant or former recipient
reapplies for MFIP assistance, the individual must test negative for a controlled substance
in order to receive MFIP assistance.
new text end

new text begin (2) If an applicant or recipient tests negative for a controlled substance, the cost of
administering the substance abuse test to the individual shall be paid for by the state.
new text end

new text begin (3) If an applicant or recipient tests positive for a controlled substance and it is the
first time the individual has tested positive for a controlled substance under this section,
the lead agency shall refer the individual to a community mental health center and, if the
individual is otherwise eligible, provide or continue to provide MFIP assistance to the
individual. For an applicant under this clause, the cost of administering the substance
abuse test to the applicant shall be deducted from the applicant's first MFIP assistance
payment. For a recipient under this clause, the cost of administering the substance abuse
test to the recipient shall be deducted from the recipient's first MFIP assistance payment
after the recertification. If an applicant or recipient described in this clause fails to
participate in treatment offered by the community mental health center, or fails to submit
to periodic substance abuse testing required by the community mental health center, the
lead agency shall close the individual's case.
new text end

new text begin (4) If an applicant or recipient tests positive for a controlled substance and it is the
second or subsequent time that the individual tested positive for a controlled substance
under this section, the individual is ineligible for MFIP assistance for ....... months. If
the applicant or former recipient reapplies for MFIP assistance, the individual must test
negative for a controlled substance in order to receive MFIP assistance. The lead agency
may provide a referral to the applicant or former recipient to a community mental health
center for substance abuse treatment.
new text end

new text begin (5) MFIP assistance may be provided to any eligible child in a household that
includes an ineligible applicant or recipient under clause (1), (3), or (4), if the child has a
representative payee.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The pilot program under this section shall begin no later
than October 1, 2016, and expire no later than September 30, 2017, but shall last for
at least 12 months.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin No later than 60 days after the expiration of the pilot program
under this section, the commissioner shall submit a report to the chairs and ranking
minority members of the house of representatives and senate committees and divisions
with jurisdiction over human services policy and finance that includes:
new text end

new text begin (1) the number of individuals screened;
new text end

new text begin (2) the number of individuals screened for whom there was a reasonable suspicion
of use of a controlled substance;
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new text begin (3) the number of individuals who consented to submit to a substance abuse test;
new text end

new text begin (4) the number of individuals who refused to submit to a substance abuse test;
new text end

new text begin (5) the number of individuals who submitted to a substance abuse test who tested
positive for a controlled substance;
new text end

new text begin (6) the number of individuals who submitted to a substance abuse test who tested
negative for a controlled substance;
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new text begin (7) the number of individuals who tested positive for a controlled substance a second
or subsequent time;
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new text begin (8) the costs incurred by the state for the pilot program;
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new text begin (9) the number of applicants and recipients who were referred to a community
mental health center under this section;
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new text begin (10) sanctions, if any, that were imposed on recipients as a result of the substance
abuse testing under this section; and
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new text begin (11) an analysis of the random drug testing requirement under Minnesota Statutes,
section 256J.26, including how many recipients were tested in the previous fiscal year,
the percentage of recipients tested who received a positive test result, and lead agency
compliance with the random drug testing requirement.
new text end