HF 2041 (LSB 5265YH (5) 85)

HOUSE FILE 2041

BY  HEARTSILL

A BILL FOR

An Act requiring various actions by applicants for and participants in certain public assistance programs administered by the department of human services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  217.6A  Public assistance program eligibility requirements.
   1.  For the purposes of this section, “public assistance programs” means the family investment, food assistance, and medical assistance programs administered by the department of human services.
   2.  The administrative rules adopted for the public assistance programs by the department shall require all of the following as a condition of eligibility for an applicant or participant to receive the public assistance:
   a.  Provision of a work history and participation in required work-related activities. If an applicant or participant is not employed or participating in education, training, or work-related activities approved by the department, the department shall require the individual to participate in public work activity. The department shall select an individual’s public work activity based upon the department’s assessment of the individual’s skills and work experience. The public work activities may include but are not limited to working at a local school, for a child care provider, or at a public library, or providing maintenance and trash removal on public trails or roads.
   b.  Possession of a high school diploma or high school equivalency diploma, or engagement in educational activities to attain such a diploma.
   c.  (1)  If not otherwise prohibited by law, agreement to participate in random testing for controlled substance use in accordance with this paragraph “c”. If there is a positive test result indicating the use of a controlled substance that is not authorized by a qualified health care provider, provided other eligibility requirements are met, a participant shall be subject to a probation period. An applicant with a positive test result who meets other eligibility requirements shall be conferred participant status but is also subject to the probation period. Scheduled testing for controlled substance use shall be required during the probation period. The time frame for the probation period shall be at least three months. The department shall specify the time frame, scheduled testing, and other requirements for the probation period in rule.
   (2)  If there is a second positive test result, the department shall require action by the participant to address the controlled substance use and continued scheduled testing shall be required during and subsequent to completion of the action required.
   (3)  If a participant does not comply with the required action under subparagraph (2) or there is a subsequent positive test result, the participant shall be suspended from receiving public assistance program benefits until the participant is compliant or there is a negative test result for the use of a controlled substance. A participant who completes a suspension period shall be subject to further testing for controlled substance use while receiving program benefits.
   (4)  The results of a test for controlled substance use performed in accordance with this paragraph “c” shall not be admissible in any criminal proceeding without the consent of the person subject to the test.
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 various actions by applicants and participants in certain public assistance programs administered by the department of human services. The public assistance programs addressed by the bill are the family investment, food assistance, and medical assistance (Medicaid) programs.
   The administrative rules adopted by the department for the public assistance programs are to require, as a condition of eligibility for the programs, an applicant or participant to provide a work history and participate in various work-related activities, possess a high school diploma or equivalent or be engaged in activities to attain such diploma, and be subject to random drug testing.
   If there is a positive drug test result indicating the use of a controlled substance that is not authorized by a qualified health care provider, provided other eligibility requirements are met, eligibility remains for participants and participant status is granted for applicants but a probation period is required. During the probation period, scheduled testing for use of a controlled substance is required. If there is a second positive test result, action is required by the participant to address the controlled substance use and continued scheduled testing shall be required during and subsequent to completion of the action required.
   A participant who does not comply with the required action or has a subsequent positive test result is suspended from receiving public assistance program benefits until the participant is compliant or there is a negative test result for the use of a controlled substance. A participant who completes a suspension period is subject to further testing for controlled substance use while receiving program benefits.
   The results of a test for controlled substance use are not admissable in any criminal proceeding without the consent of the person subject to the test.