Bill Text: IL SB0079 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), an applicant must pass a drug screening. Provides that as a condition of continued eligibility for such benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services. Requires the Department to (i) provide notice of drug testing to each applicant at the time of application; (ii) advise each applicant, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking; (iii) ensure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the State to ensure the reliability of the sample; (iii) provide any applicant who tests positive with a list of licensed substance abuse treatment providers; and other matters. Provides that an applicant who tests positive and is denied medical assistance benefits or SNAP benefits as a result may reapply for those benefits after 6 months if the applicant verifies the successful completion of a substance abuse treatment program. Exempts persons with children in the assistance unit, persons with disabilities, persons who are 65 year of age or older, or persons who reside at a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act from the drug testing requirements.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB0079 Detail]

Download: Illinois-2017-SB0079-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0079

Introduced 1/12/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
305 ILCS 5/1-10.5 new
305 ILCS 5/12-4.4b new

Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), an applicant must pass a drug screening. Provides that as a condition of continued eligibility for such benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services. Requires the Department to (i) provide notice of drug testing to each applicant at the time of application; (ii) advise each applicant, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking; (iii) ensure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the State to ensure the reliability of the sample; (iii) provide any applicant who tests positive with a list of licensed substance abuse treatment providers; and other matters. Provides that an applicant who tests positive and is denied medical assistance benefits or SNAP benefits as a result may reapply for those benefits after 6 months if the applicant verifies the successful completion of a substance abuse treatment program. Exempts persons with children in the assistance unit, persons with disabilities, persons who are 65 year of age or older, or persons who reside at a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act from the drug testing requirements.
LRB100 04980 KTG 14990 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB0079LRB100 04980 KTG 14990 b
1 AN ACT concerning public aid.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5adding Sections 1-10.5 and 12-4.4b as follows:
6 (305 ILCS 5/1-10.5 new)
7 Sec. 1-10.5. Drug screening. As a condition of initial
8eligibility for medical assistance benefits provided under
9Article V of this Code or, subject to federal approval,
10benefits provided under the federal Supplemental Nutrition
11Assistance Program (SNAP), an applicant must pass a drug
12screening as provided in Section 12-4.4b of this Code. As a
13condition of continued eligibility for medical assistance
14benefits provided under Article V of this Code or, subject to
15federal approval, SNAP benefits, a recipient must pass random
16drug screenings as prescribed by the Department of Human
17Services.
18 The substance abuse testing required under this Section
19shall not apply to dependent children under 18 years of age,
20persons with children in the assistance unit, persons with
21disabilities, persons 65 years of age or older, or persons who
22reside at a facility licensed under the Nursing Home Care Act
23or the ID/DD Community Care Act.

SB0079- 2 -LRB100 04980 KTG 14990 b
1 (305 ILCS 5/12-4.4b new)
2 Sec. 12-4.4b. Substance abuse testing.
3 (a) The Department of Human Services shall require a drug
4test to screen each individual who applies for benefits
5provided under the medical assistance program under Article V
6of this Code, with certain exceptions as provided in paragraph
7(1) of subsection (b) and in subsection (f).
8 Subject to federal approval, the Department shall require a
9drug test to screen each individual who applies for benefits
10provided under the federal Supplemental Nutrition Assistance
11Program (SNAP), with certain exceptions as provided in
12paragraph (1) of subsection (b) and in subsection (f).
13 The cost of the drug testing shall be the responsibility of
14the individual tested.
15 An individual who tests positive for a controlled substance
16as a result of a drug test required pursuant to this Section
17shall be ineligible to receive medical assistance benefits or
18SNAP benefits for one year after the date of the positive drug
19test, unless the individual meets the requirements of
20subsection (c).
21 (b) The Department shall do all of the following:
22 (1) Provide notice of drug testing to each applicant at
23 the time of application. The notice shall advise the
24 applicant that drug testing will be conducted as a
25 condition for receiving medical assistance benefits or

SB0079- 3 -LRB100 04980 KTG 14990 b
1 SNAP benefits and that the applicant shall bear the cost of
2 the testing. The applicant shall be advised that the
3 required drug testing may be avoided if the applicant does
4 not apply for medical assistance benefits or SNAP benefits.
5 Dependent children under 18 years of age shall be exempt
6 from the drug-testing requirement.
7 (2) Advise each applicant to be tested, before the test
8 is conducted, that the applicant may, but shall not be
9 required to, advise the agent administering the test of any
10 prescription or over-the-counter medication the applicant
11 is taking.
12 (3) Require each applicant to be tested to sign a
13 written acknowledgment that the applicant has received and
14 understands the notice and advice provided pursuant to
15 paragraphs (1) and (2) of this subsection.
16 (4) Ensure each applicant being tested a reasonable
17 degree of dignity while producing and submitting a sample
18 for drug testing, consistent with the need of the State to
19 ensure the reliability of the sample.
20 (5) Specify circumstances under which an applicant who
21 fails a drug test has the right to take one or more
22 additional tests.
23 (6) Inform an applicant who tests positive for a
24 controlled substance and is deemed ineligible for medical
25 assistance benefits or SNAP benefits that the applicant may
26 reapply for those benefits one year after the date of the

SB0079- 4 -LRB100 04980 KTG 14990 b
1 positive drug test, unless the applicant meets the
2 requirements of subsection (c) of this Section. If the
3 applicant tests positive again, the applicant shall be
4 ineligible to receive medical assistance benefits or SNAP
5 benefits for 3 years after the date of the second positive
6 drug test, unless the applicant meets the requirements of
7 subsection (c) of this Section.
8 (9) Provide any applicant who tests positive with a
9 list of licensed substance abuse treatment providers
10 available in the area in which the applicant resides.
11 Neither the Department nor the State shall be responsible
12 for providing or paying for substance abuse treatment for
13 an applicant as part of the screening conducted pursuant to
14 this Section.
15 (c) An applicant who tests positive pursuant to this
16Section and is denied medical assistance benefits or SNAP
17benefits as a result may reapply for those benefits after 6
18months if the applicant verifies the successful completion of a
19substance abuse treatment program. An applicant shall not be
20considered to have tested positive for substance abuse until
21the sample has been retested to rule out a false positive using
22the same sample obtained in the original test. An applicant who
23has met the requirements of this subsection and reapplies for
24medical assistance benefits or SNAP benefits shall be required
25to pass an initial drug test and meet the requirements of this
26Section. Any drug test conducted while the applicant is

SB0079- 5 -LRB100 04980 KTG 14990 b
1undergoing substance abuse treatment shall meet the standards
2of this subsection concerning false positives and any
3additional standards or requirements the Department adopts by
4rule concerning drug-testing as provided under subsection (e).
5The cost of any drug testing and substance abuse treatment
6provided pursuant to this Section shall be the responsibility
7of the individual being tested and receiving treatment. An
8individual who fails the drug test required pursuant to
9subsection (a) of this Section may reapply for benefits one
10time.
11 (d) Subject to federal approval, as a condition of
12continued eligibility for medical assistance benefits provided
13under Article V of this Code or benefits provided under the
14federal Supplemental Nutrition Assistance Program (SNAP), a
15recipient of such benefits must pass random drug screenings as
16prescribed by the Department of Human Services, with certain
17exceptions as provided in subsection (f). A recipient of
18medical assistance benefits or SNAP benefits who tests positive
19for a controlled substance as a result of a drug test required
20pursuant to this subsection shall experience an immediate
21termination of his or her medical assistance or SNAP benefits,
22and the Department shall refer the recipient to a substance
23abuse treatment program. Subject to federal approval, the
24Department shall cover the cost of substance abuse treatment
25for the recipient from funds that would have been used for the
26recipient under the medical assistance program provided under

SB0079- 6 -LRB100 04980 KTG 14990 b
1Article V of this Code or under the federal Supplemental
2Nutrition Assistance Program (SNAP) had the recipient not
3tested positive for a controlled substance as a result of a
4drug test required pursuant to this subsection. Upon successful
5completion of a substance abuse treatment program as prescribed
6by the Department, the recipient may reapply for those
7benefits.
8 (e) The Department shall adopt any rules necessary to
9implement this Section, including rules concerning
10drug-testing standards and requirements.
11 (f) In addition to the exemption provided in paragraph (1)
12of subsection (b), the substance abuse testing required by this
13Section shall not apply to persons with children in the
14assistance unit, persons with disabilities, persons who are 65
15year of age or older, or persons who reside at a facility
16licensed under the Nursing Home Care Act or the ID/DD Community
17Care Act.
feedback