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.