HF 1919

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:51am

A bill for an act
relating to human services; requiring testing for controlled substances in the
Minnesota family investment program; proposing coding for new law in
Minnesota Statutes, chapter 256J.

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

Section 1.

new text begin [256J.261] TESTING FOR CONTROLLED SUBSTANCES.
new text end

new text begin (a) The department shall require a drug test consistent with the established
procedures and reliability safeguards provided for screening in sections 181.951, 181.953,
and 181.954, to screen each individual who applies for MFIP. The cost of the drug testing
is the responsibility of the applicant. An individual subject to the requirements of this
section includes any parent or caregiver relative who is included in the cash assistance
unit, including an individual who may be exempt from work activity requirements
under section 256J.561, subdivision 3. An individual who tests positive for controlled
substances as a result of a drug test required under this section is ineligible to receive
MFIP benefits for one year after the date of the positive drug test unless the individual
meets the requirements of paragraph (b), clause (10).
new text end

new text begin (b) The department shall:
new text end

new text begin (1) provide notice of drug testing to each individual at the time of application. The
notice must advise the individual that the drug testing will be conducted as a condition
of receiving MFIP benefits and that the individual must bear the cost of the testing. If
the individual tests negative for controlled substances, the department shall increase
the amount of the initial MFIP grant by the amount paid by the individual for the drug
testing. The individual shall be advised that the required drug testing may be avoided if
the individual does not apply for MFIP benefits. Dependent children under the age of 18
are exempt from the drug-testing requirement;
new text end

new text begin (2) require that for two-parent families, both parents must comply with the
drug-testing requirement;
new text end

new text begin (3) require that any teen parent who is not required to live with a parent, legal
guardian, or other adult caregiver must comply with the drug-testing requirement;
new text end

new text begin (4) advise each individual to be tested, before the test is conducted, that the
individual may, but is not required to, advise the agent administering the test of any
prescription or over-the-counter medication the individual is taking;
new text end

new text begin (5) require each individual to be tested to sign a written acknowledgment that the
individual has received and understood the notice and advice provided under clauses
(1) and (4);
new text end

new text begin (6) assure each individual being tested a reasonable degree of dignity while
producing and submitting a sample for drug testing, consistent with the state's need to
ensure the reliability of the sample;
new text end

new text begin (7) specify the circumstances under which an individual who fails a drug test has the
right to take one or more additional tests;
new text end

new text begin (8) inform an individual who tests positive for a controlled substance and is deemed
ineligible for MFIP benefits that the individual may reapply for benefits one year after the
date of the positive drug test unless the individual meets the requirements of clause (10).
If the individual tests positive again, the individual is ineligible to receive MFIP benefits
for three years after the date of the second positive drug test unless the individual meets
the requirements of clause (10);
new text end

new text begin (9) provide any individual who tests positive with a list of licensed substance
abuse treatment providers available in the area in which the individual resides. Neither
the department nor the state is responsible for providing or paying for substance abuse
treatment as part of the screening conducted under this section; and
new text end

new text begin (10) an individual who tests positive under this section and is denied MFIP benefits
as a result may reapply for those benefits after six months if the individual can document
the successful completion of a substance abuse treatment program offered by a licensed
provider. An individual who has met the requirements of this clause and reapplies for
MFIP benefits must also pass an initial drug test and meet the requirements of paragraph
(a). Any drug test conducted while the individual is undergoing substance abuse treatment
must meet the requirements of paragraph (a). The cost of any drug testing and substance
abuse treatment provided under this section shall be the responsibility of the individual
being tested and receiving treatment. An individual who fails the drug test required under
paragraph (a) may reapply for benefits under this clause only once.
new text end

new text begin (c) If a parent is deemed ineligible for MFIP benefits as a result of failing a drug
test conducted under this section:
new text end

new text begin (1) the dependent child's eligibility for MFIP is not affected;
new text end

new text begin (2) an appropriate protective payee shall be designated to receive benefits on behalf
of the child;
new text end

new text begin (3) the parent may choose to designate another individual to receive benefits for the
parent's minor child. The designated individual must be an immediate family member, or,
if an immediate family member is not available or the family member declines the option,
another individual, approved by the department, may be designated. The designated
individual must also undergo drug testing before being approved to receive benefits on
behalf of the child. If the designated individual tests positive for controlled substances, the
individual is ineligible to receive benefits on behalf of the child.
new text end

new text begin (d) The department shall adopt rules to implement this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applicants submitting applications
on or after July 1, 2012, and for current recipients at the time of their next eligibility
recertification.
new text end