Bill Text: MN SF1665 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minnesota family investment program (MFIP) applicants and participant drug screening requirement
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-02-02 - Referred to Health and Human Services [SF1665 Detail]
Download: Minnesota-2011-SF1665-Introduced.html
1.2relating to human services; requiring drug testing for MFIP applicants and
1.3participants; authorizing rulemaking;proposing coding for new law in Minnesota
1.4Statutes, chapter 256J.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [256J.145] DRUG SCREENING FOR APPLICANTS AND
1.7PARTICIPANTS.
1.8 Subdivision 1. Drug testing. (a) The commissioner shall require a drug test to
1.9screen each individual who applies for MFIP. The commissioner shall also require a drug
1.10test at recertification. The cost of drug testing is the responsibility of the individual tested.
1.11(b) An individual subject to the requirements of this section includes any parent or
1.12caretaker relative who is included in the MFIP assistance unit, including an individual
1.13who may be exempt from work activity requirements due to the age of the youngest
1.14child under section 256J.561, subdivision 3, or who may be exempt from work activity
1.15requirements under chapter 256J.
1.16(c) An individual who tests positive for illegal controlled substances or legal
1.17controlled substances not prescribed by a licensed practitioner as a result of a drug test
1.18required under this section is ineligible to receive MFIP assistance for one year after the
1.19date of the positive drug test, unless the individual meets the requirements of subdivision 3.
1.20 Subd. 2. Duties of commissioner. The commissioner shall:
1.21(1) provide notice of drug testing to applicants. The notice must advise the applicant
1.22that drug testing will be conducted as a condition for receiving assistance when applying
1.23for assistance and at recertification, and that the individual must bear the cost of testing.
1.24If the individual tests negative, the commissioner shall increase the amount of the initial
2.1assistance by the amount paid by the individual for the drug testing. The individual
2.2must be advised that the required drug testing may be avoided if the individual does not
2.3apply for assistance. Dependent children under the age of 18 are exempt from the drug
2.4testing requirement;
2.5(2) require that for two-parent families, both parents must comply with the drug
2.6testing requirement;
2.7(3) require that any minor parent under section 256J.14 must comply with the drug
2.8testing requirement;
2.9(4) advise each individual to be tested, before the test is conducted, that the
2.10individual may, but is not required to, advise the agent administering the test of any
2.11prescription or over-the-counter medication the individual is taking;
2.12(5) require each individual to be tested to sign a written acknowledgment that the
2.13individual has received and understood the notice and advice provided under clauses
2.14(1) and (4);
2.15(6) assure each individual being tested a reasonable degree of dignity while
2.16producing and submitting a sample for drug testing, consistent with the state's need to
2.17ensure the reliability of the sample;
2.18(7) specify circumstances under which an individual who fails a drug test has the
2.19right to take one or more additional tests;
2.20(8) inform an individual who tests positive and is deemed ineligible for assistance
2.21that the individual may reapply for assistance one year after the date of the positive drug
2.22test unless the individual meets the requirements of subdivision 3. If the individual tests
2.23positive again, the individual is ineligible to receive assistance for three years after the
2.24date of the second positive drug test unless the individual meets the requirement of
2.25subdivision 3; and
2.26(9) provide any individual who tests positive with a list of licensed substance abuse
2.27treatment providers available in the area in which the individual resides that meet the
2.28requirements of chapter 148C. The state is not responsible for providing or paying for
2.29substance abuse treatment as part of the screening conducted under this section.
2.30 Subd. 3. Positive drug test. An individual who tests positive under this section and
2.31is denied assistance as a result may reapply for assistance after six months if the individual
2.32can document the successful completion of a substance abuse treatment program offered
2.33by a licensed provider that meets the requirements of chapter 148C. An individual who
2.34has met the requirements of this subdivision and reapplies for assistance must also pass
2.35an initial drug test and meet the requirements of subdivision 1. Any drug test conducted
2.36while the individual is undergoing substance abuse treatment must meet the requirements
3.1of subdivision 1. The cost of any drug testing and substance abuse treatment provided
3.2under this subdivision is the responsibility of the individual being tested and receiving
3.3treatment. An individual who fails the drug test required under subdivision 1 may reapply
3.4for assistance under this subdivision once.
3.5 Subd. 4. Dependent children of ineligible individuals. If a parent is deemed
3.6ineligible for assistance as a result of failing a drug test conducted under this section:
3.7(1) the dependent child's eligibility for assistance is not affected;
3.8(2) an appropriate protective payee shall be designated to receive assistance on
3.9behalf of the child; and
3.10(3) the parent may choose to designate another individual to receive assistance
3.11for the parent's minor child. The designated individual must be an immediate family
3.12member or, if an immediate family member is not available or the family member declines
3.13the option, another individual, approved by the commissioner, may be designated. The
3.14designated individual must also undergo drug testing before being approved to receive
3.15assistance on behalf of the child. If the designated individual tests positive for controlled
3.16substances, the individual is ineligible to receive assistance on behalf of the child.
3.17 Subd. 5. Rulemaking authority. The commissioner shall adopt rules to implement
3.18this section.
3.19 Sec. 2. EFFECTIVE DATE.
3.20Section 1 is effective July 1, 2012.
1.3participants; authorizing rulemaking;proposing coding for new law in Minnesota
1.4Statutes, chapter 256J.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [256J.145] DRUG SCREENING FOR APPLICANTS AND
1.7PARTICIPANTS.
1.8 Subdivision 1. Drug testing. (a) The commissioner shall require a drug test to
1.9screen each individual who applies for MFIP. The commissioner shall also require a drug
1.10test at recertification. The cost of drug testing is the responsibility of the individual tested.
1.11(b) An individual subject to the requirements of this section includes any parent or
1.12caretaker relative who is included in the MFIP assistance unit, including an individual
1.13who may be exempt from work activity requirements due to the age of the youngest
1.14child under section 256J.561, subdivision 3, or who may be exempt from work activity
1.15requirements under chapter 256J.
1.16(c) An individual who tests positive for illegal controlled substances or legal
1.17controlled substances not prescribed by a licensed practitioner as a result of a drug test
1.18required under this section is ineligible to receive MFIP assistance for one year after the
1.19date of the positive drug test, unless the individual meets the requirements of subdivision 3.
1.20 Subd. 2. Duties of commissioner. The commissioner shall:
1.21(1) provide notice of drug testing to applicants. The notice must advise the applicant
1.22that drug testing will be conducted as a condition for receiving assistance when applying
1.23for assistance and at recertification, and that the individual must bear the cost of testing.
1.24If the individual tests negative, the commissioner shall increase the amount of the initial
2.1assistance by the amount paid by the individual for the drug testing. The individual
2.2must be advised that the required drug testing may be avoided if the individual does not
2.3apply for assistance. Dependent children under the age of 18 are exempt from the drug
2.4testing requirement;
2.5(2) require that for two-parent families, both parents must comply with the drug
2.6testing requirement;
2.7(3) require that any minor parent under section 256J.14 must comply with the drug
2.8testing requirement;
2.9(4) advise each individual to be tested, before the test is conducted, that the
2.10individual may, but is not required to, advise the agent administering the test of any
2.11prescription or over-the-counter medication the individual is taking;
2.12(5) require each individual to be tested to sign a written acknowledgment that the
2.13individual has received and understood the notice and advice provided under clauses
2.14(1) and (4);
2.15(6) assure each individual being tested a reasonable degree of dignity while
2.16producing and submitting a sample for drug testing, consistent with the state's need to
2.17ensure the reliability of the sample;
2.18(7) specify circumstances under which an individual who fails a drug test has the
2.19right to take one or more additional tests;
2.20(8) inform an individual who tests positive and is deemed ineligible for assistance
2.21that the individual may reapply for assistance one year after the date of the positive drug
2.22test unless the individual meets the requirements of subdivision 3. If the individual tests
2.23positive again, the individual is ineligible to receive assistance for three years after the
2.24date of the second positive drug test unless the individual meets the requirement of
2.25subdivision 3; and
2.26(9) provide any individual who tests positive with a list of licensed substance abuse
2.27treatment providers available in the area in which the individual resides that meet the
2.28requirements of chapter 148C. The state is not responsible for providing or paying for
2.29substance abuse treatment as part of the screening conducted under this section.
2.30 Subd. 3. Positive drug test. An individual who tests positive under this section and
2.31is denied assistance as a result may reapply for assistance after six months if the individual
2.32can document the successful completion of a substance abuse treatment program offered
2.33by a licensed provider that meets the requirements of chapter 148C. An individual who
2.34has met the requirements of this subdivision and reapplies for assistance must also pass
2.35an initial drug test and meet the requirements of subdivision 1. Any drug test conducted
2.36while the individual is undergoing substance abuse treatment must meet the requirements
3.1of subdivision 1. The cost of any drug testing and substance abuse treatment provided
3.2under this subdivision is the responsibility of the individual being tested and receiving
3.3treatment. An individual who fails the drug test required under subdivision 1 may reapply
3.4for assistance under this subdivision once.
3.5 Subd. 4. Dependent children of ineligible individuals. If a parent is deemed
3.6ineligible for assistance as a result of failing a drug test conducted under this section:
3.7(1) the dependent child's eligibility for assistance is not affected;
3.8(2) an appropriate protective payee shall be designated to receive assistance on
3.9behalf of the child; and
3.10(3) the parent may choose to designate another individual to receive assistance
3.11for the parent's minor child. The designated individual must be an immediate family
3.12member or, if an immediate family member is not available or the family member declines
3.13the option, another individual, approved by the commissioner, may be designated. The
3.14designated individual must also undergo drug testing before being approved to receive
3.15assistance on behalf of the child. If the designated individual tests positive for controlled
3.16substances, the individual is ineligible to receive assistance on behalf of the child.
3.17 Subd. 5. Rulemaking authority. The commissioner shall adopt rules to implement
3.18this section.
3.19 Sec. 2. EFFECTIVE DATE.
3.20Section 1 is effective July 1, 2012.
