House File 2041 - Introduced HOUSE FILE 2041 BY HEARTSILL A BILL FOR An Act requiring various actions by applicants for and 1 participants in certain public assistance programs 2 administered by the department of human services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5265YH (5) 85 jp/nh
H.F. 2041 Section 1. NEW SECTION . 217.6A Public assistance program 1 eligibility requirements. 2 1. For the purposes of this section, “public assistance 3 programs” means the family investment, food assistance, and 4 medical assistance programs administered by the department of 5 human services. 6 2. The administrative rules adopted for the public 7 assistance programs by the department shall require all of the 8 following as a condition of eligibility for an applicant or 9 participant to receive the public assistance: 10 a. Provision of a work history and participation in required 11 work-related activities. If an applicant or participant 12 is not employed or participating in education, training, 13 or work-related activities approved by the department, 14 the department shall require the individual to participate 15 in public work activity. The department shall select an 16 individual’s public work activity based upon the department’s 17 assessment of the individual’s skills and work experience. 18 The public work activities may include but are not limited to 19 working at a local school, for a child care provider, or at a 20 public library, or providing maintenance and trash removal on 21 public trails or roads. 22 b. Possession of a high school diploma or high school 23 equivalency diploma, or engagement in educational activities to 24 attain such a diploma. 25 c. (1) If not otherwise prohibited by law, agreement to 26 participate in random testing for controlled substance use in 27 accordance with this paragraph “c” . If there is a positive test 28 result indicating the use of a controlled substance that is 29 not authorized by a qualified health care provider, provided 30 other eligibility requirements are met, a participant shall be 31 subject to a probation period. An applicant with a positive 32 test result who meets other eligibility requirements shall 33 be conferred participant status but is also subject to the 34 probation period. Scheduled testing for controlled substance 35 -1- LSB 5265YH (5) 85 jp/nh 1/ 3
H.F. 2041 use shall be required during the probation period. The time 1 frame for the probation period shall be at least three months. 2 The department shall specify the time frame, scheduled testing, 3 and other requirements for the probation period in rule. 4 (2) If there is a second positive test result, the 5 department shall require action by the participant to address 6 the controlled substance use and continued scheduled testing 7 shall be required during and subsequent to completion of the 8 action required. 9 (3) If a participant does not comply with the required 10 action under subparagraph (2) or there is a subsequent positive 11 test result, the participant shall be suspended from receiving 12 public assistance program benefits until the participant is 13 compliant or there is a negative test result for the use of a 14 controlled substance. A participant who completes a suspension 15 period shall be subject to further testing for controlled 16 substance use while receiving program benefits. 17 (4) The results of a test for controlled substance use 18 performed in accordance with this paragraph “c” shall not be 19 admissible in any criminal proceeding without the consent of 20 the person subject to the test. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires various actions by applicants and 25 participants in certain public assistance programs administered 26 by the department of human services. The public assistance 27 programs addressed by the bill are the family investment, food 28 assistance, and medical assistance (Medicaid) programs. 29 The administrative rules adopted by the department for the 30 public assistance programs are to require, as a condition of 31 eligibility for the programs, an applicant or participant to 32 provide a work history and participate in various work-related 33 activities, possess a high school diploma or equivalent or be 34 engaged in activities to attain such diploma, and be subject 35 -2- LSB 5265YH (5) 85 jp/nh 2/ 3
H.F. 2041 to random drug testing. 1 If there is a positive drug test result indicating the 2 use of a controlled substance that is not authorized by a 3 qualified health care provider, provided other eligibility 4 requirements are met, eligibility remains for participants and 5 participant status is granted for applicants but a probation 6 period is required. During the probation period, scheduled 7 testing for use of a controlled substance is required. If 8 there is a second positive test result, action is required 9 by the participant to address the controlled substance use 10 and continued scheduled testing shall be required during and 11 subsequent to completion of the action required. 12 A participant who does not comply with the required action 13 or has a subsequent positive test result is suspended from 14 receiving public assistance program benefits until the 15 participant is compliant or there is a negative test result 16 for the use of a controlled substance. A participant who 17 completes a suspension period is subject to further testing for 18 controlled substance use while receiving program benefits. 19 The results of a test for controlled substance use are not 20 admissable in any criminal proceeding without the consent of 21 the person subject to the test. 22 -3- LSB 5265YH (5) 85 jp/nh 3/ 3