Bill Text: HI SB2157 | 2012 | Regular Session | Introduced
Bill Title: Temporary Assistance for Needy Families; Substance Abuse Testing
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-20 - (S) Referred to HMS/JDL, WAM. [SB2157 Detail]
Download: Hawaii-2012-SB2157-Introduced.html
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THE SENATE |
S.B. NO. |
2157 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TEMPORARY ASSISTANCE FOR NEEDY FAMILIES.
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 be appropriately designated and to read as follows:
"§346- Drug screening for applicants for temporary assistance for needy families. (a) The department shall require a substance abuse test pursuant to the requirements of chapter 329B to screen each individual who applies for temporary assistance for needy families. The cost of the substance abuse test shall be the responsibility of the individual tested.
(b) An individual who tests positive for controlled substances as a result of a substance abuse 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 substance abuse test, unless the individual meets the requirements of subsection (d).
(c) The department shall:
(1) Provide notice of substance abuse testing to each individual at the time of application for temporary assistance for needy families benefits. The notice shall advise the individual that substance abuse testing will be conducted as a condition for receiving temporary assistance for needy families benefits and that the individual is responsible for the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial temporary assistance for needy families benefit by the amount paid by the individual for the substance abuse testing. The individual shall be advised that the required substance abuse testing may be avoided if the individual does not apply for temporary assistance for needy families benefits. Dependent children under the age of nineteen are exempt from the substance abuse testing requirement;
(2) 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;
(3) Require each individual to be tested to sign a written acknowledgment that the individual has received and understood the notice and advice provided under subsections (c)(1) and (c)(2);
(4) Specify circumstances under which an individual who fails a substance abuse test has the right to take an additional test;
(5) Inform an individual who tests positive for a controlled substance and is deemed ineligible for temporary assistance for needy families benefits that the individual may reapply for those benefits one year after the date of the positive drug test, unless the individual meets the requirements of subsection (d). If the individual tests positive again, the individual shall be ineligible to receive temporary assistance for needy families benefits for three years after the date of the second positive drug test, unless the individual meets the requirements of subsection (d); and
(6) Provide any individual who tests positive with a list of substance abuse treatment providers accredited by the department of health, pursuant to section 321-193. It shall be the responsibility of the individual to pay for substance abuse treatment as part of the screening conducted under this section.
(d) An individual who tests positive under this section and is denied temporary assistance for needy families benefits may reapply for those benefits after six months if the individual can document the successful completion of a substance abuse treatment program accredited by the department of health, pursuant to section 321-193. An individual who has met the requirements of this subsection and subsequently reapplies for temporary assistance for needy families benefits shall also meet the requirements of subsection (a). The cost of any substance abuse testing and substance abuse treatment obtained pursuant to this subsection shall be the responsibility of the individual. An individual who fails the substance abuse test required under subsection (a) may reapply for temporary assistance for needy families benefits only once after meeting the substance abuse treatment program requirement under this subsection.
(e) If a parent is deemed ineligible for temporary assistance for needy families benefits as a result of failing a substance abuse test conducted under this section:
(1) The dependent child's eligibility for temporary assistance for needy families benefits shall not be affected;
(2) An appropriate representative payee shall be designated to receive benefits on behalf of the child; and
(3) The parent may choose to designate another individual to receive benefits for the parent's dependent child. The designated individual shall 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 substance abuse testing pursuant to this section before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, that individual is ineligible to receive benefits on behalf of the child.
(f) For the purposes of this section:
"Controlled substance" has the same meaning as in section 329-1.
"Substance abuse treatment program" means drug or substance abuse treatment services provided by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with having substance abuse or dependency and employs licensed professionals or certified substance abuse counselors.
(g) The department shall adopt rules pursuant to chapter 91 to implement this section."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Temporary Assistance for Needy Families; Substance Abuse Testing
Description:
Requires the department of human services to test all temporary assistance for needy families benefits applicants for substance abuse.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
