Minnesota HF 1813: Minnesota Family Investment Program (MFIP) and general assistance program screening for use of controlled substances required, and individuals made ineligible for MFIP and general assistance benefits.

Bill Text

04/24/13 REVISOR ELK/DI 13-3080
A bill for an act1.1
relating to human services; requiring screening for use of controlled substances1.2
in the MFIP and general assistance programs; making certain individuals1.3
ineligible for MFIP and general assistance benefits; providing for rulemaking;1.4
amending Minnesota Statutes 2012, sections 256D.024, by adding a subdivision;1.5
256J.26, by adding a subdivision; proposing coding for new law in Minnesota1.6
Statutes, chapters 256D; 256J.1.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.8
Section 1. Minnesota Statutes 2012, section 256D.024, is amended by adding a1.9
subdivision to read:1.10
Subd. 5. PersonwithtwoormoreDWIconvictions. Anapplicantorrecipientwho1.11
has two or more DWI convictions in a period of five years shall, after an administrative1.12
hearing under section 256D.10, be ineligible for general assistance for a period of three1.13
years from the date of the administrative hearing decision affirming the applicant's or1.14
recipient's ineligibility.1.15
EFFECTIVE DATE. This section is effective for new applicants submitting1.16
applications on or after July 1, 2013, and for current recipients at the time of their next1.17
eligibility recertification on or after July 1, 2013.1.18
Sec. 2. [256D.025] TESTING FOR USE OF CONTROLLED SUBSTANCE.1.19
Subdivision 1. Screening and testing required. The department shall screen and1.20
test each applicant and recipient for general assistance benefits under this chapter, except1.21
for applicants and recipients who meet the eligibility requirements under section 256D.05,1.22
subdivision1,paragraph(a),clause(14),andwhothedepartmenthasreasonablesuspicion1.23
to believe, based on screening, engages in illegal use of controlled substances.1.24
Sec. 2. 1
This Document can be made available
in alternative formats upon request State of Minnesota
HOUSE OF REPRESENTATIVES
H. F. No. 1813
EIGHTY-EIGHTH SESSION
04/29/2013 Authored by Quam; Drazkowski; Benson, M.; Pugh; Hackbarth and others
The bill was read for the first time and referred to the Committee on Health and Human Services Policy

04/24/13 REVISOR ELK/DI 13-3080
Subd. 2. Reasonable suspicion. (a) Reasonable suspicion of illegal use of2.1
controlled substances is established when two of the following occur:2.2
(1) the applicant or recipient has an arrest record;2.3
(2) the local welfare agency accepts a report for investigation or family assessment2.4
undersection626.556allegingabuseorneglectduetosubstanceabusebytheapplicantor2.5
recipient; and2.6
(3) the department witnesses a behavior indicating illegal use of controlled2.7
substances including, but not limited to:2.8
(i) dilated pupils;2.9
(ii) involuntary eye movements;2.10
(iii) nausea or vomiting;2.11
(iv) twitching;2.12
(v) violent behavior;2.13
(vi) odor of alcohol;2.14
(vii) muscular incoordination;2.15
(viii) inability to verbalize;2.16
(ix) slurred speech;2.17
(x) bizarre behavior;2.18
(xi) needle marks;2.19
(xii) possession of drug paraphernalia; or2.20
(xiii) possession of a substance that appears to possibly be a controlled substance2.21
or alcohol.2.22
(b) Reasonable suspicion of illegal use of controlled substances is also established2.23
by witnessing any two of the behaviors in paragraph (a), clause (3).2.24
Subd. 3. Reportsofarrests. Locallawenforcementshallprovidetotheappropriate2.25
county social services office once per month a list of all arrests that occurred during2.26
the previous reporting period. The county shall use the lists provided by local law2.27
enforcement to determine whether or not any applicant or recipient of general assistance2.28
hasanarrestrecordforpurposesofsubdivision2andshalltransmitthisinformationtothe2.29
department in a time and manner established by the department.2.30
Subd. 4. Payment for drug test. The applicant or recipient must pay for the drug2.31
test. The department must reimburse applicants and recipients for the cost of the drug test2.32
when proof of a negative test for controlled substances is provided.2.33
Subd. 5. Ineligibility for benefits. Any applicant or recipient who is found to have2.34
tested positive for a controlled substance under section 152.02, which is not prescribed for2.35
the applicant or recipient by a licensed health care provider shall, after an administrative2.36
Sec. 2. 2

04/24/13 REVISOR ELK/DI 13-3080
hearing under section 256D.10, be ineligible for general assistance for a period of three3.1
years from the date of the administrative hearing decision affirming the applicant's or3.2
recipient's ineligibility.3.3
Subd. 6. Referral to treatment program. The department shall refer an applicant3.4
or recipient who tested positive for the use of a controlled substance under this section to3.5
an appropriate substance abuse treatment program approved by the department. Referral3.6
toasubstanceabusetreatmentprogramdoesnotobligatethestatetopayforthetreatment.3.7
Subd. 7. Rulemaking. The commissioner shall adopt rules to devel