HOUSE FILE 356

BY  ALONS

A BILL FOR

An Act requiring applicants for and participants in certain public assistance programs administered by the department of human services to participate in a substance abuse screening program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  217.14  Public assistance programs —— substance abuse screening.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Department” means the department of human services.
   b.  “Public assistance program” means the food assistance program food programs under chapter 234, the family investment program under chapter 239B, or the medical assistance program under chapter 249A.
   c.  “Substance abuse screening program” or“screening program”means the substance abuse screening program administered pursuant to this section.
   2.  As a condition of eligibility for an adult applicant or adult participant to receive public assistance program benefits, the applicant or participant shall, if not otherwise prohibited by state or federal law, agree to participate in the substance abuse screening program.
   3.  The department shall design and implement a substance abuse screening program for adult applicants for and adult participants in public assistance programs. To the extent authorized under applicable federal requirements, the program shall include but is not limited to all of the following elements:
   a.  Periodic screening of the applicant’s or participant’s blood or urine for the presence of a controlled substance.
   b.  A blood or urine screening is performed prior to the applicant’s initial receipt of public assistance.
   c.  A subsequent blood or urine screening of a participant is performed at least annually with random assignment of a month in which the participant is required to submit to the screening upon receipt of notice from the department.
   d.  The results of the blood or urine screening shall not be admissible in any criminal proceeding without the consent of the person subject to the screening.
   e.  Provision for the cost of the blood or urine screening to be deducted from the public assistance program benefits payable to the applicant or participant.
   f.  Other design, operation, and standards provisions adopted in rule to ensure the program is implemented in a fair and economical manner.
   4.  An adult applicant or adult participant shall be ineligible for public assistance program benefits if any of the following is applicable:
   a.  The applicant or participant does not participate in the substance abuse screening program.
   b.  The applicant or participant tests positive in a substance abuse test administered under the screening program 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 applicant or participant.
EXPLANATION
   This bill requires applicants and participants in certain public assistance programs administered by the department of human services to participate in a substance abuse screening program.
   New Code section 217.14 defines “public assistance program” to mean the food assistance program or food programs under Code chapter 234, the family investment program under Code chapter 239B, or the medical assistance (Medicaid) program under Code chapter 249A.
   An applicant or participant for a public assistance program is required as a condition of eligibility for the program, unless prohibited by state or federal law, to participate in the substance abuse screening program created by the department pursuant to the bill to the extent authorized under federal law. An applicant is subject to a blood or urine screening prior to initial receipt of public assistance and at least annually while receiving assistance. The results of a screening are not admissible in any criminal proceeding without the consent of the person subject to the screening. The cost of the blood or urine screening is to be deducted from the public assistance program benefits payable to the applicant or participant. Other design, operation, and standards provisions are required to be adopted in rule to ensure the program is implemented in a fair and economical manner.
   An applicant or participant is ineligible for public assistance program benefits for failure to participate in the substance abuse screening program or for testing positive in a substance abuse test administered under the screening program for the presence of either of the following: a substance listed in schedule I under Code section 124.204 or for a substance listed in schedule II, III, or IV under Code chapter 124 that was not prescribed for the applicant or participant.