HF 141 (LSB 2024YH (3) 86)

HOUSE FILE 141

BY  WILLS, KLEIN, BAUDLER, WATTS, JONES, BRANHAGEN, HOLT, HEARTSILL, FISHER, SALMON, NUNN, and KOOIKER

A BILL FOR

An Act mandating drug testing of applicants for and certain recipients of assistance under the family investment program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  239B.2D  Drug testing for applicants.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Confirmed positive test result” means the results of a urine, oral fluid, or blood test in which the level of controlled substances or their metabolites in the sample analyzed meets or exceeds nationally accepted standards for determining detectable levels of controlled substances as adopted by the federal substance abuse and mental health services administration. If nationally accepted standards for oral fluid tests have not been adopted by the federal substance abuse and mental health services administration, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result shall be the same standard that has been established by the federal food and drug administration for the measuring instrument used to perform the oral fluid test.
   b.  “Licensed substance abuse treatment program” means an inpatient or outpatient substance abuse treatment program licensed by the department of public health under chapter 125.
   c.  “Sample” means a sample from the human body capable of revealing the presence of controlled substances, or their metabolites, which shall include only urine, saliva, or blood.
   2.  a.  The drug testing requirements of this section apply to the following applicants for and recipients of assistance under this chapter:
   (1)  Each adult parent, guardian, or specified relative who is included in the applicant family, including both parents of a two-parent family, or an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity requirements under the PROMISE JOBS program.
   (2)  A minor parent who is not required to live with a parent, guardian, or other adult caretaker in accordance with this chapter.
   (3)  A recipient of assistance who provided a written acknowledgment of the drug testing requirements of this section at the time of application for assistance and for whom there is information indicating a significant likelihood the recipient is using a controlled substance, as determined by the department, shall be subject to random drug testing.
   b.  Dependent children under the age of eighteen years are exempt from the drug testing requirements of this section.
   c.  The department shall require a drug test that is similar to a drug test as a condition of employment under section 730.5 to screen the persons subject to this section for the presence of controlled substances. The person is responsible for the cost of the person’s drug test.
   3.  a.  A person who is subject to this section is ineligible to receive assistance under this chapter if the person does not participate in the required drug testing.
   b.  A person who is subject to this section is ineligible to receive assistance under this chapter if the person has a confirmed positive test result for the presence of either of the following:
   (1)  A substance listed in schedule I under section 124.204.
   (2)  A substance listed in schedule II, III, or IV under chapter 124 that was not prescribed for the person.
   c.  The period of ineligibility for an applicant or recipient who is ineligible for assistance under paragraph “b” is one year after the date of the confirmed positive test result.
   4.  The department shall do all of the following in implementing this section:
   a.  (1)  Provide notice of drug testing to each person who is subject to this section at the time of application. The notice must advise the person that drug testing will be conducted as a condition for receiving assistance under this chapter and that the person must bear the cost of testing. The applicant shall be advised that the required drug testing may be avoided if the applicant does not complete or withdraws the application for assistance.
   (2)  Advise each person to be tested, before the test is conducted, that the person may, but is not required to, inform the agent administering the test of any prescription or over-the-counter medication the person is taking.
   (3)  Require each person to be tested to sign a written acknowledgment that the person has received and understood the notice and advice provided under this paragraph “a”.
   b.  Assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the department’s need to ensure the reliability of the sample.
   c.  Specify circumstances under which a person with a confirmed positive test result has the right to take one or more additional tests.
   d.  Inform a person who has a confirmed positive test result and is deemed ineligible for assistance that the person may not reapply for assistance until one year after the date of the confirmed positive test result unless the person meets the requirements of paragraph “f”. If the person has a subsequent confirmed positive test result, the person shall be ineligible to receive assistance for three years after the date of the subsequent result unless the person meets the requirements of paragraph “f”.
   e.  Provide any person with a confirmed positive test result with a list of licensed substance abuse treatment programs available in the area in which the person resides. Neither the department nor the state is responsible for providing or paying for substance abuse treatment as part of the drug testing conducted under this section.
   f.  A person with a confirmed positive test result who is denied assistance under this chapter may reapply for assistance after six months if the person can document the successful completion of a licensed substance abuse treatment program. A person who has met the requirements of this paragraph and reapplies for assistance must also pass the initial drug test required under subsection 2. Any drug test conducted while the person is undergoing substance abuse treatment must meet the requirements for a drug test under subsection 2. The cost of any drug testing or substance abuse treatment provided under this subsection shall be the responsibility of the person being tested or receiving treatment. A person with a confirmed positive test result from the drug test required under subsection 2 may reapply for assistance under this paragraph only once.
   5.  If an applicant or recipient parent is deemed ineligible for assistance as a result of having a confirmed positive test result from a drug test conducted under this section, all of the following apply:
   a.  The eligibility of the applicant’s or recipient’s dependent child for assistance is not affected.
   b.  An appropriate protective payee shall be designated to receive assistance on behalf of the dependent child. The parent may choose to designate an individual as the protective payee. The individual designated by the parent as the protective payee must be a specified relative or other immediate family member unless such family member is not available or the family member declines the designation. In which case another individual, approved by the department, shall be designated as the protective payee. The individual must also undergo drug testing before being approved to be the protective payee. If the designated individual has a confirmed positive test result, the designated individual shall be ineligible to be the protective payee.
   6.  The department shall adopt rules to implement this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill requires drug testing of applicants for and certain recipients of assistance under the family investment program (FIP) in new Code section 239B.2D. The program provides cash assistance and employment-related services to low-income families with children under the federal temporary assistance for needy families (TANF) block grant. The department of human services administers the program and block grant for this state.
   The bill utilizes the following terms that are defined in Code section 239B.1:
   “Applicant” means a person who files an application for participation in FIP under Code chapter 239B.
   “Assistance” means a FIP payment.
   “Family” means a family unit that includes at least one child and at least one parent or other specified relative of the child.
   “Minor parent” means an applicant or participant parent who is less than 18 years of age and has never been married.
   “PROMISE JOBS program” or “JOBS program” means the promoting independence and self-sufficiency through employment job opportunities and basic skills program, a part of FIP.
   “Specified relative” means a person who is, or was at any time, a relative of an applicant or participant child, by means of blood relationship, marriage, or adoption, or is a spouse of a relative listed in the definition.
   The bill defines “confirmed positive test result”, “licensed substance abuse treatment program”, and “sample”.
   The drug testing requirement applies to each applicant for FIP assistance who is an adult parent, guardian, or specified relative who is included in the applicant family, including both parents of a two-parent family, or an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity under the PROMISE JOBS program. The requirement also applies to each minor parent applicant who is not required to live with a parent, guardian, or other adult caretaker. In addition, a recipient of assistance who accepted the drug testing requirements at the time of application and for whom there is information indicating a significant likelihood the recipient is using a controlled substance is subject to random drug testing. Dependent children under the age of 18 years are exempt from the drug testing requirements. The department is directed to require a drug test of each person who is subject to the requirements to screen for the presence of controlled substances. The person is responsible for the cost of the drug test.
   A person subject to the requirement who does not participate in the required drug testing is ineligible for cash assistance through FIP. A person who has a confirmed positive test result is ineligible for one year unless the test result was for a controlled substance for which the person has a prescription.
   The department is required to do all of the following in administering the drug testing requirement: implement notification provisions; allow for additional testing following a confirmed positive test result; apply a three-year period of ineligibility if a person reapplies but has a subsequent confirmed positive test result; provide a listing of licensed substance abuse treatment programs available in the area of a person’s residence if the person has a confirmed positive test result; and allow for a person who has a confirmed positive test result to reapply one time after six months if the person provides documentation of completing a licensed substance abuse treatment program within six months of the confirmed positive test result and passes another drug test.
   If a parent is deemed ineligible for assistance as a result of having a confirmed positive test result, the dependent child remains eligible for assistance and a protective payee may be designated by the parent to receive the assistance on behalf of the child. If a specified relative or other immediate family member declines to be designated, the department must designate the protective payee. The protective payee is then subject to drug testing before being approved to receive assistance on behalf of the child. A protective payee with a confirmed positive test result is ineligible to receive assistance on behalf of the child.
   The department is required to adopt rules to implement the new requirements.