Bill Text: HI HB1935 | 2012 | Regular Session | Introduced

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Bill Title: Temporary Assistance for Needy Families; Drug Testing

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-01-19 - (H) Referred to HUS, JUD, FIN, referral sheet 2 [HB1935 Detail]

Download: Hawaii-2012-HB1935-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1935
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to public assistance.

 

 

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

 

     SECTION 1.  Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§346-     Temporary assistance for needy families; drug screening.  (a)  The department shall require all applicants for temporary assistance for needy families who are adults or who are minor parents not required to live with a parent, guardian, or other adult caretaker to submit to a drug test.  The applicant shall pay the cost of the drug test.

     (b)  The department shall provide notice of drug testing to each applicant at the time of application.  The notice shall advise the applicant:

     (1)  That drug testing of all applicants subject to subsection (a) will be conducted as a condition of receiving temporary assistance for needy families benefits;

     (2)  That the applicant shall bear the cost of the testing;

     (3)  Of facilities authorized to conduct drug testing for purposes of this section;

     (4)  That the applicant may advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking;

     (5)  Of the circumstances under which an applicant who fails a drug test has the right to take one or more additional tests pursuant to this section; and

     (6)  That a positive result on a drug test conducted pursuant to this section will result in ineligibility for benefits as specified in this section.

     The department shall require each applicant to be tested to sign a written acknowledgment that the applicant has received and understood the notice provided under this subsection.

     (c)  If the applicant tests negative for controlled substances, the department shall refund the cost of the drug test by increasing the amount of the first temporary assistance for needy families benefit payment received after the drug test by the amount paid by the applicant for the drug test.  The applicant shall submit to drug testing every four to six months for the duration of the period the applicant receives temporary assistance for needy families benefits.

     (d)  An applicant who tests positive for controlled substances as a result of a drug test required under this section shall be ineligible to receive temporary assistance for needy families benefits for one year after the date of the positive drug test, except as otherwise provided in this section.  If the applicant tests positive on a subsequent drug test, the applicant shall be ineligible to receive temporary assistance for needy families benefits for three years after the date of the second positive drug test, except as otherwise provided in this section.  If the applicant tests positive on a drug test solely as a result of taking a medication prescribed by a licensed physician or the legal use of over-the-counter medication, the applicant shall be deemed to have tested negative for purposes of receiving temporary assistance for needy families benefits.

     (e)  The department shall provide any applicant who tests positive for a controlled substance with a list of licensed substance abuse treatment providers.  If the applicant seeks substance abuse treatment as part of the screening conducted under this section, the applicant shall be responsible for paying for any costs charged by the substance abuse treatment providers.

     (f)  An applicant who tests positive under this section and is denied temporary assistance for needy families benefits as a result may reapply for those benefits after six months; provided that the applicant provides documentation of successful completion of a licensed substance abuse treatment program.  An applicant who has met the requirements of this subsection and reapplies for temporary assistance for needy families benefits shall be required to submit to a drug test upon reapplication.  The cost of any drug testing and substance abuse treatment undergone to comply with this subsection shall be the responsibility of the individual being tested and receiving treatment.  An applicant who tests positive for controlled substances in the drug test required under subsection (a) may reapply for benefits under this subsection only once.

     (g)  The department shall adopt rules pursuant to chapter 91 to carry out the requirements of this section.  The rules shall include a process to appeal the results of a drug test administered pursuant to this section."

     SECTION 2.  Section 346-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Controlled substance" means a drug, substance, or immediate precursor in schedules I through V of chapter 329, part II."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2013.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Temporary Assistance for Needy Families; Drug Testing

 

Description:

Requires applicants for Temporary Assistance for Needy Families assistance to undergo drug testing prior to receiving benefits.  Effective January 1, 2013.

 

 

 

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