HF 2596

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:17pm

A bill for an act
relating to human services; authorizing a pilot program for suspicion-based
substance abuse screening for certain applicants and recipients.

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

Section 1. new text begin MFIP SCREENING 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 program of suspicion-based substance abuse screening and testing for
Minnesota family investment program (MFIP) applicants and recipients under Minnesota
Statutes, chapter 256J, as described in this section.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin The commissioner shall administer a suspicion-based
substance abuse screening and testing pilot program for MFIP applicants and recipients in
three or more counties. The department shall determine which counties shall begin the
initial administration of the pilot program required in this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin Upon initial application and at annual redetermination,
the department shall screen MFIP applicants and recipients 18 years of age or older for
suspicion of substance abuse using an empirically validated substance abuse screening tool.
new text end

new text begin Subd. 4. new text end

new text begin Results. new text end

new text begin If the results of the substance abuse screening give the department
a reasonable suspicion to believe that the applicant or recipient engaged in the use of a
controlled substance, the applicant or recipient must take a substance abuse test.
new text end

new text begin Subd. 5. new text end

new text begin Refusal. new text end

new text begin If the applicant or recipient refuses to take a substance abuse test,
the individual is ineligible for MFIP assistance, but may reapply after six months. If the
applicant or recipient reapplies for MFIP assistance, the individual must test negative
for use of controlled substances.
new text end

new text begin Subd. 6. new text end

new text begin Cost. new text end

new text begin If the applicant or recipient tests negative for use of controlled
substances, the cost of administering the substance abuse test shall be paid by the
commissioner.
new text end

new text begin Subd. 7. new text end

new text begin Length of pilot program. new text end

new text begin The pilot program described in this section shall
begin not later than October 1, 2016, and conclude not later than September 30, 2017, but
shall last not less than one year.
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin Not later than 60 days after the conclusion of the pilot program
described in this section, the department shall submit a report to the legislature that
includes, but is not limited to, all of the following:
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;
new text end

new text begin (3) the number of individuals who submitted 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 use of 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 use of a controlled substance;
new text end

new text begin (7) the number of individuals who tested positive for use of a controlled substance a
second or subsequent time;
new text end

new text begin (8) the amount of the costs incurred by the department for administering the program;
new text end

new text begin (9) the number of individuals who were referred to a treatment program determined
by the department; and
new text end

new text begin (10) sanctions, if any, that have been imposed on individuals as a result of the
substance abuse testing.
new text end

Sec. 2. new text begin SUBSTANCE ABUSE TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Referral. new text end

new text begin The first time an applicant or recipient tests positive for
use of a controlled substance under the pilot program, the department shall refer the
individual to a treatment program determined by the department and, if the individual is
otherwise eligible, provide or continue to provide MFIP assistance to the individual. The
cost of administering the substance abuse test shall be deducted from the applicant's
first MFIP assistance payment or the recipient's first MFIP assistance payment after the
redetermination. If the applicant or recipient described fails to participate in a treatment
program determined by the department, or fails to submit to any periodic substance abuse
testing required by the treatment program, the department shall terminate the individual's
MFIP assistance.
new text end

new text begin Subd. 2. new text end

new text begin Reapplication. new text end

new text begin The second or subsequent time an applicant or recipient
tests positive for use of a controlled substance under the pilot program, the individual is
ineligible for MFIP assistance. If the applicant or recipient reapplies for MFIP assistance,
the individual must test negative for use of controlled substances to receive MFIP
assistance. The department may refer the individual to a substance abuse treatment
program determined by the department.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

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

new text begin (b) "Controlled substance" has the meaning given in Minnesota Statutes, section
152.01, subdivision 4.
new text end

new text begin (c) "Use of a controlled substance" does not include a recipient or applicant with a
prescription for the controlled substance from a health care practitioner or a recipient or
applicant who tests positive for marijuana if the individual is a patient and possesses a
patient registry number for medical cannabis.
new text end

new text begin (d) "Patient" has the meaning given in Minnesota Statutes, section 152.22,
subdivision 9.
new text end

new text begin (e) "Patient registry number" has the meaning given in Minnesota Statutes, section
152.22, subdivision 10.
new text end

new text begin (f) "Medical cannabis" has the meaning given in Minnesota Statutes, section 152.22,
subdivision 6.
new text end