Bill Text: PA HB860 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing, in public assistance, for screening for illegal drug use.

Spectrum: Moderate Partisan Bill (Republican 57-14)

Status: (Introduced - Dead) 2009-03-11 - Referred to HEALTH AND HUMAN SERVICES [HB860 Detail]

Download: Pennsylvania-2009-HB860-Introduced.html

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PRINTER'S NO. 973
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 860 Session of2009
INTRODUCED BY EVERETT, ARGALL, BARRAR, BELFANTI, BOBACK, BOYD, CAUSER, CLYMER, D. COSTA, CREIGHTON, CUTLER, DALLY, DENLINGER, FAIRCHILD, FLECK, GEIST, GIBBONS, GILLESPIE, GOODMAN, GRELL, GROVE, HALUSKA, HARHAI, HARHART, HARRIS, HENNESSEY, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, LONGIETTI, MAHONEY, MAJOR, MARSHALL, MARSICO, MELIO, METZGAR, MILLARD, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PALLONE, PAYNE, PEIFER, PERZEL, PETRARCA, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROHRER, SCAVELLO, K. SMITH, SONNEY, STERN, SWANGER, TRUE, TURZAI AND VULAKOVICH, MARCH 11, 2009
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 11, 2009
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing, in public
assistance, for screening for illegal drug use.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, is amended by adding a section to
read:
Section 432.23. Screening for Illegal Drug Use.--(a) The
department shall develop and implement a drug test and drug
retest program approved by the Department of Health to screen
applicants for and recipients of cash assistance benefits. Each
applicant or recipient eighteen years of age or older but under
sixty-five years of age must meet the requirements of this
section as a condition for receiving cash assistance benefits.
(b) Under the screening for the drug test and retest
program, the following apply:
(1) The department shall:
(i) Require that recipients already receiving cash
assistance benefits as of the effective date of this section be
scheduled to be tested at the time their request for assistance
is reviewed.
(ii) Develop and implement a system for randomly testing no
less than 20% of the individuals receiving cash assistance
benefits during each six-month period who are subject to testing
for the presence of illegal drugs under this section.
(iii) Compile a list of drug treatment programs throughout
this Commonwealth that are acceptable to the department in which
applicants and recipients who fail the drug test or drug retest
may participate without paying a fee or charge as a condition
for participation and take steps to develop and to encourage the
development of additional programs in areas where there are
limited drug treatment programs.
(iv) Notify each individual who fails a drug test for the
presence of illegal drugs of the availability of substance abuse
assistance programs in the geographical area where the
individual resides.
(v) Provide advance notice or a reasonable opportunity for
advance notice to each applicant for or recipient of cash
assistance benefits of screening under this section advising
that:
(A) a drug testing requirement is a condition for the
receipt of cash assistance benefits;
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(B) the applicant or recipient may, but is not required to,
advise the administrator of the test of any prescription or
other over-the-counter medication that the applicant or
recipient takes; and
(C) the required testing may be avoided by not applying for
or receiving cash assistance benefits.
(vi) Provide a procedure to assure each individual being
tested a reasonable degree of dignity consistent with the
department's need to ensure the reliability of the urine sample.
(vii) Deny cash assistance benefits to any individual who
refuses to take the drug test or drug retest required by this
section and terminate the cash assistance benefits of any
recipient who refuses to submit to the random drug test required
by this section.
(viii) Not charge applicants or recipients a fee for any
drug test or drug retest conducted pursuant to this section.
(2) The department may require each applicant and recipient
to sign a written acknowledgment that the applicant or recipient
has received and understands the notice and advice.
(c) Any individual who is denied cash assistance benefits or
whose cash assistance benefits are terminated because the
individual failed to pass a drug retest after failing to pass a
drug test shall be ineligible for cash assistance benefits for a
12-month period beginning with the date of the denial or
termination, unless a lesser period is mandated under Federal
law.
(d) The following apply:
(1) No applicant who fails the drug test may be entitled to
cash assistance benefits until the applicant passes a drug
retest, regardless of whether the applicant appeals the test
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results.
(2) A recipient of cash assistance benefits may continue to
receive cash assistance benefits for a period of not more than
sixty days after failing a drug test if the recipient files a
departmental appeal of the results of the drug test within
fifteen days following the administration of the test. The
department shall decide the appeal within this sixty-day period.
(3) The drug test required by this subsection shall be
administered by the department within sixty days after the final
failure to pass the drug test required under this section.
(4) If a recipient fails a drug test, the recipient shall be
deemed an applicant for purposes of any drug retest provided for
under this section.
(5) Any applicant or recipient who fails a drug test shall
not be eligible for cash assistance benefits until the applicant
or recipient completes a drug treatment program approved by the
department, unless participation in such a program is waived in
accordance with subsection (e).
(e) The following apply:
(1) The department shall waive the drug treatment
requirement as a condition for the receipt of cash assistance
benefits if there is no program acceptable to the department
within a reasonable geographic proximity to the residence of the
recipient or applicant in which the applicant or recipient can
participate without paying a fee or charge as a condition for
participation.
(2) This subsection shall not be construed to waive any
denial or termination of cash assistance benefits as a
consequence of failing a drug test or drug retest mandated under
this section.
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(f) Nothing in this section shall be construed to render an
applicant or recipient who fails a drug test or drug retest
ineligible for a Commonwealth program that pays costs for
participating in a drug treatment program, for a medical
assistance program or for any other benefit that is not cash
assistance benefits.
(g) Testing under this section shall be limited solely to
the detection of the use of illegal drugs and shall not be
conducted or used for any other purpose. The department shall
not develop or implement any procedure designed to advise law
enforcement authorities as to whether an applicant or recipient
has failed a screening test under this section.
(h) The department shall submit an annual report on the
screening testing program to the President pro tempore of the
Senate, the Minority Leader of the Senate, the Speaker of the
House of Representatives and the Minority Leader of the House of
Representatives. The report shall include the number of
individuals tested, the illegal drugs tested for, the number of
individuals who failed drug tests and drug retests and the costs
associated with the testing.
(i) The following words and phrases, when used in this
section, shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Cash assistance benefits" means cash benefits authorized
under the Federal temporary assistance to needy families program
or authorized as general assistance as provided for in section
432(3).
"Drug" means a controlled substance as defined in section 2
of the act of April 14, 1972 (P.L.233, No.64), known as "The
Controlled Substance, Drug, Device and Cosmetic Act."
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"Drug retest" means a repeat of a drug test.
"Drug test" means a test that involves the collection of a
urine sample for the purpose of determining the presence of
drugs.
"Drug treatment program" means a public, nonprofit or other
nonpublic program which is for the assessment, treatment and
rehabilitation of persons who use illegal drugs which does not
exceed thirty days.
"Illegal drug" means a controlled substance as defined in
section 2 of the act of April 14, 1972 (P.L.233, No.64), known
as "The Controlled Substance, Drug, Device and Cosmetic Act."
"Illegal drug use" means the use of drugs in violation of the
act of April 14, 1972 (P.L.233, No.64), known as "The Controlled
Substance, Drug, Device and Cosmetic Act," or any other law.
Section 2. This act shall take effect in 60 days.
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