Bill Text: TX HB542 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the drug screening and testing of certain persons seeking benefits under the medical assistance program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Human Services [HB542 Detail]
Download: Texas-2017-HB542-Introduced.html
85R953 EES-F | ||
By: Metcalf | H.B. No. 542 |
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relating to the drug screening and testing of certain persons | ||
seeking benefits under the medical assistance program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.024(b), Human Resources Code, is | ||
amended to read as follows: | ||
(b) Subject to Section 32.02431, the [ |
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provide medical assistance to other persons who are financially | ||
unable to meet the cost of medical services if federal matching | ||
funds are available for that purpose. The executive commissioner | ||
shall adopt rules governing the eligibility of those persons for | ||
the services. | ||
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.02431 to read as follows: | ||
Sec. 32.02431. DRUG SCREENING AND TESTING AS CONDITION OF | ||
BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. (a) In | ||
this section, "controlled substance" and "marihuana" have the | ||
meanings assigned by Chapter 481, Health and Safety Code. | ||
(b) The executive commissioner by rule shall adopt a drug | ||
screening and testing program for adult applicants for and adult | ||
recipients of medical assistance benefits who are eligible to | ||
receive those benefits under Section 32.024(b). The program must: | ||
(1) comply with the drug testing requirements of 49 | ||
C.F.R. Part 382 or other similar national requirements for drug | ||
testing programs recognized by the commission, except to the extent | ||
those requirements are inconsistent with this section; and | ||
(2) be designed to protect the rights of applicants | ||
and recipients. | ||
(c) Under the program, each adult applicant for and adult | ||
recipient of medical assistance benefits described by Subsection | ||
(b) who initially applies for those benefits or who applies for the | ||
continuation of those benefits must submit to and pass a drug | ||
screening assessment developed and administered by or on behalf of | ||
the commission for purposes of this subsection as a prerequisite to | ||
initially receiving or continuing to receive the benefits. The | ||
assessment tool used under this subsection must consist of a | ||
written questionnaire to be completed by the person applying for | ||
medical assistance benefits and must be designed to accurately | ||
determine the reasonable likelihood that a person is using a | ||
controlled substance not prescribed for the person by a health care | ||
practitioner or marihuana. A person whose drug screening | ||
assessment indicates a reasonable likelihood of use by the person | ||
of a controlled substance not prescribed for the person by a health | ||
care practitioner or marihuana must submit to and pass a drug test | ||
administered by or on behalf of the commission to establish the | ||
person's eligibility for medical assistance benefits. A person who | ||
fails a drug test required under this subsection under a final | ||
determination or decision under this section is not eligible to | ||
receive medical assistance benefits until the person has passed a | ||
subsequent drug test administered by or on behalf of the commission | ||
not earlier than four weeks after the date the person submitted to | ||
the failed drug test. | ||
(d) Notwithstanding Subsection (c), a person's eligibility | ||
to receive medical assistance benefits is not affected by the | ||
person's failure to pass a drug test if, on the basis of evidence | ||
presented by the person, the commission determines that: | ||
(1) the person is participating in a treatment program | ||
for drug abuse; or | ||
(2) the person enrolls in and begins attending a | ||
treatment program for drug abuse not later than the seventh day | ||
after the date initial notice of the failed drug test is sent to the | ||
person. | ||
(e) The executive commissioner shall prescribe procedures | ||
for providing initial notice to a person who fails a drug test under | ||
Subsection (c), for an appeal of a failed drug test, and for the | ||
retaking of a failed drug test by a person under this section. The | ||
procedures must provide: | ||
(1) for prompt initial notice by mail to a person who | ||
fails a drug test under Subsection (c) regarding: | ||
(A) the fact of the person's failure of the drug | ||
test; | ||
(B) the manner in which the person may notify the | ||
commission that the person has enrolled in and is attending a | ||
treatment program for drug abuse; | ||
(C) the manner in which the person may appeal and | ||
retake the failed drug test; and | ||
(D) common potential causes of a false positive | ||
test result; | ||
(2) for privacy with regard to the person's drug test | ||
result until not later than the 14th day after the date the initial | ||
notice of the failed drug test was mailed to the person, during | ||
which time the person may appeal and retake the failed drug test; | ||
and | ||
(3) that a determination or decision that a person has | ||
failed a drug test under this section becomes final on: | ||
(A) the 15th day after the date the initial | ||
notice of the failed drug test was mailed to the person if the | ||
person does not appeal and retake the person's failed drug test as | ||
provided by this section; or | ||
(B) the date that a retest conducted pursuant to | ||
an appeal by the person as provided by this section confirms the | ||
positive drug test result. | ||
(f) The commission shall administer the program under this | ||
section using existing administrative funds and any funds | ||
appropriated to the commission for the purposes of this section. | ||
SECTION 3. (a) Section 32.02431, Human Resources Code, as | ||
added by this Act, applies to: | ||
(1) an adult applicant who initially applies for | ||
medical assistance benefits under Chapter 32, Human Resources Code, | ||
on or after January 1, 2018; and | ||
(2) an adult applicant who applies for the | ||
continuation of medical assistance benefits under Chapter 32, Human | ||
Resources Code, on or after January 1, 2018. | ||
(b) An adult applicant who initially applies for or who | ||
applies for the continuation of medical assistance benefits under | ||
Chapter 32, Human Resources Code, before January 1, 2018, is | ||
governed by the law in effect when the person applied for medical | ||
assistance benefits, and that law is continued in effect for that | ||
purpose until the person subsequently applies for a continuation of | ||
those benefits on or after January 1, 2018. | ||
SECTION 4. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 5. This Act takes effect September 1, 2017. |