SB1778 99TH GENERAL ASSEMBLY

LRB099 08560 KTG 28719 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1778

Introduced 2/20/2015, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

305 ILCS 5/1-10.5 new
305 ILCS 5/12-4.4b new

Amends the Illinois Public Aid Code. Provides that as a condition of initial eligibility for medical assistance benefits provided under the State's Medical Assistance program or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), an applicant must pass a drug screening. Provides that as a condition of continued eligibility for such benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services. Requires the Department to (i) provide notice of drug testing to each applicant at the time of application; (ii) advise each applicant, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking; (iii) ensure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the State to ensure the reliability of the sample; (iii) provide any applicant who tests positive with a list of licensed substance abuse treatment providers; and other matters. Provides that an applicant who tests positive and is denied medical assistance benefits or SNAP benefits as a result may reapply for those benefits after 6 months if the applicant verifies the successful completion of a substance abuse treatment program. Exempts persons with children in the assistance unit, persons with disabilities, persons who are 65 year of age or older, or persons who reside at a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act from the drug testing requirements.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Sections 1-10.5 and 12-4.4b as follows:

(305 ILCS 5/1-10.5 new)

Sec. 1-10.5. Drug screening. As a condition of initial eligibility for medical assistance benefits provided under Article V of this Code or, subject to federal approval, benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), an applicant must pass a drug screening as provided in Section 12-4.4b of this Code. As a condition of continued eligibility for medical assistance benefits provided under Article V of this Code or, subject to federal approval, SNAP benefits, a recipient must pass random drug screenings as prescribed by the Department of Human Services.

The substance abuse testing required under this Section shall not apply to dependent children under 18 years of age, persons with children in the assistance unit, persons with disabilities, persons 65 years of age or older, or persons who reside at a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act.

(305 ILCS 5/12-4.4b new)

Sec. 12-4.4b. Substance abuse testing.

(a) The Department of Human Services shall require a drug test to screen each individual who applies for benefits provided under the medical assistance program under Article V of this Code, with certain exceptions as provided in paragraph (1) of subsection (b) and in subsection (f).

Subject to federal approval, the Department shall require a drug test to screen each individual who applies for benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), with certain exceptions as provided in paragraph (1) of subsection (b) and in subsection (f).

The cost of the drug testing shall be the responsibility of the individual tested.

An individual who tests positive for a controlled substance as a result of a drug test required pursuant to this Section shall be ineligible to receive medical assistance benefits or SNAP benefits for one year after the date of the positive drug test, unless the individual meets the requirements of subsection (c).

(b) The Department shall do all of the following:

(1) Provide notice of drug testing to each applicant at the time of application. The notice shall advise the applicant that drug testing will be conducted as a condition for receiving medical assistance benefits or SNAP benefits and that the applicant shall bear the cost of the testing. The applicant shall be advised that the required drug testing may be avoided if the applicant does not apply for medical assistance benefits or SNAP benefits. Dependent children under 18 years of age shall be exempt from the drug-testing requirement.

(2) Advise each applicant to be tested, before the test is conducted, that the applicant may, but shall not be required to, advise the agent administering the test of any prescription or over-the-counter medication the applicant is taking.

(3) Require each applicant to be tested to sign a written acknowledgment that the applicant has received and understands the notice and advice provided pursuant to paragraphs (1) and (2) of this subsection.

(4) Ensure each applicant being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the need of the State to ensure the reliability of the sample.

(5) Specify circumstances under which an applicant who fails a drug test has the right to take one or more additional tests.

(6) Inform an applicant who tests positive for a controlled substance and is deemed ineligible for medical assistance benefits or SNAP benefits that the applicant may reapply for those benefits one year after the date of the positive drug test, unless the applicant meets the requirements of subsection (c) of this Section. If the applicant tests positive again, the applicant shall be ineligible to receive medical assistance benefits or SNAP benefits for 3 years after the date of the second positive drug test, unless the applicant meets the requirements of subsection (c) of this Section.

(9) Provide any applicant who tests positive with a list of licensed substance abuse treatment providers available in the area in which the applicant resides. Neither the Department nor the State shall be responsible for providing or paying for substance abuse treatment for an applicant as part of the screening conducted pursuant to this Section.

(c) An applicant who tests positive pursuant to this Section and is denied medical assistance benefits or SNAP benefits as a result may reapply for those benefits after 6 months if the applicant verifies the successful completion of a substance abuse treatment program. An applicant shall not be considered to have tested positive for substance abuse until the sample has been retested to rule out a false positive using the same sample obtained in the original test. An applicant who has met the requirements of this subsection and reapplies for medical assistance benefits or SNAP benefits shall be required to pass an initial drug test and meet the requirements of this Section. Any drug test conducted while the applicant is undergoing substance abuse treatment shall meet the standards of this subsection concerning false positives and any additional standards or requirements the Department adopts by rule concerning drug-testing as provided under subsection (e). The cost of any drug testing and substance abuse treatment provided pursuant to this Section shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required pursuant to subsection (a) of this Section may reapply for benefits one time.

(d) Subject to federal approval, as a condition of continued eligibility for medical assistance benefits provided under Article V of this Code or benefits provided under the federal Supplemental Nutrition Assistance Program (SNAP), a recipient of such benefits must pass random drug screenings as prescribed by the Department of Human Services, with certain exceptions as provided in subsection (f). A recipient of medical assistance benefits or SNAP benefits who tests positive for a controlled substance as a result of a drug test required pursuant to this subsection shall experience an immediate termination of his or her medical assistance or SNAP benefits, and the Department shall refer the recipient to a substance abuse treatment program. Subject to federal approval, the Department shall cover the cost of substance abuse treatment for the recipient from funds that would have been used for the recipient under the medical assistance program provided under Article V of this Code or under the federal Supplemental Nutrition Assistance Program (SNAP) had the recipient not tested positive for a controlled substance as a result of a drug test required pursuant to this subsection. Upon successful completion of a substance abuse treatment program as prescribed by the Department, the recipient may reapply for those benefits.

(e) The Department shall adopt any rules necessary to implement this Section, including rules concerning drug-testing standards and requirements.

(f) In addition to the exemption provided in paragraph (1) of subsection (b), the substance abuse testing required by this Section shall not apply to persons with children in the assistance unit, persons with disabilities, persons who are 65 year of age or older, or persons who reside at a facility licensed under the Nursing Home Care Act or the ID/DD Community Care Act.