Bill Text: MI HB5820 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Human services; services or financial assistance; suspicion-based substance abuse screening and testing pilot program for family independence program applicants and recipients; make permanent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-08 - Bill Electronically Reproduced 09/07/2016 [HB5820 Detail]

Download: Michigan-2015-HB5820-Introduced.html

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HOUSE BILL No. 5820

 

 

September 7, 2016, Introduced by Rep. Lucido and referred to the Committee on Appropriations.

 

     A bill to amend 1939 PA 280, entitled

 

"The social welfare act,"

 

by amending sections 57y and 57z (MCL 400.57y and 400.57z), section

 

57y as added by 2014 PA 394 and section 57z as added by 2014 PA

 

395.

 

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 and section 57z.

 

     (2) Subject to state appropriation, 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 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 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 use of a controlled substance.

 

     (6) If the applicant or recipient tests negative for use of a

 

controlled substance, the cost of administering the substance abuse

 

test to him or her shall be paid for by the department.

 

     Sec. 57z. (1) If an applicant or recipient tests positive for

 

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

 

she tested positive for use of a controlled substance under the

 

pilot program described in this section and section 57y, the

 

department shall refer the individual to a department-designated

 

community mental health entity 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 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 department-designated

 

community mental health entity or fails to submit to periodic

 

substance abuse testing required by the department-designated

 

community mental health entity, the department shall terminate his

 

or her family independence program assistance.

 

     (2) If an applicant or recipient tests positive for use of a

 

controlled substance and it is the second or subsequent time that

 

he or she tested positive for use of a controlled substance under

 

the pilot program described in this section and section 57y, 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 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 a department-designated community mental

 

health entity for substance abuse treatment.

 

     (3) The pilot program described in this section and section

 

57y shall begin not later than October 1, 2015 and conclude not

 

later than September 30, 2016 but shall last not less than 1 year.

 

     (3) (4) Not later than 60 days after the conclusion of the

pilot program described in this section and section 57y, By not

 

later than November 30, 2016 and each November 30 after that, 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 use of a controlled substance.

 

     (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 use of a controlled substance.

 

     (f) The number of individuals who submitted to a substance

 

abuse test who tested negative for use of a controlled substance.

 

     (g) The number of individuals who tested positive for use of a

 

controlled substance a second or subsequent time.

 

     (h) The amount of the costs incurred by the department for

 

administering the program.

 

     (i) The number of applicants and recipients who were referred

 

to a department-designated community mental health entity under

 

this section.

 

     (j) Sanctions, if any, that have been imposed on recipients as

 

a result of the substance abuse testing under this section.

 

     (4) (5) For the purposes of this section and section 57y only,

 

an applicant or recipient is an individual who is 18 years of age

 

or older.

     (5) (6) For purposes of this section and section 57y only,

 

"use of a controlled substance" does not include a recipient or

 

applicant who has a prescription for the controlled substance from

 

a treating physician or a recipient or applicant who tests positive

 

for marihuana if the recipient or applicant is a qualifying patient

 

who has been issued and possesses a registry identification card

 

according to the Michigan medical marihuana act, 2008 IL 1, MCL

 

333.26421 to 333.26430.

 

     (6) (7) As used in this section and section 57y, "controlled

 

substance" means that term as defined in section 7104 of the public

 

health code, 1978 PA 368, MCL 333.7104.

 

     (7) (8) As used in this section:

 

     (a) "Department-designated community mental health entity"

 

means that term as defined in section 100a of the mental health

 

code, 1974 PA 258, MCL 330.1100a.

 

     (b) "Qualifying patient" and "registry identification card"

 

mean those terms as defined in section 3 of the Michigan medical

 

marihuana act, 2008 IL 1, MCL 333.26423.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.