Regular Session 2017-2018 House Bill 2151 P.N. 3186

PRINTER'S NO. 3186

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2151

Session of

2018

INTRODUCED BY METZGAR, DUNBAR, MILLARD, TOPPER, KAUFFMAN,

PICKETT, CAUSER, KNOWLES, TALLMAN, SNYDER, WARD, SIMMONS,

REESE, A. HARRIS, SAYLOR, MOUL, MARSICO, SACCONE, GROVE,

STAATS, GILLEN, ZIMMERMAN, COX, FARRY, GABLER AND WARNER,

MARCH 19, 2018

REFERRED TO COMMITTEE ON HEALTH, MARCH 19, 2018

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," in public assistance,

further providing for eligibility for persons with drug-

related felonies.

WHEREAS, The General Assembly has the responsibility to

prevent and deter the misuse of taxpayer-funded public

assistance benefits, an issue uniquely within the purview of the

General Assembly as the body most representative of the people

of this Commonwealth; and

WHEREAS, A person's participation in public assistance

programs is optional and conditioned on accepting the terms set

by the General Assembly; and

WHEREAS, No one has a right or legal claim to taxpayer-funded

public assistance benefits; and

WHEREAS, Public assistance must be a temporary bridge to help

citizens join the work force and achieve self-sufficiency; and

WHEREAS, The participation in the illegal drug trade is a

substantial barrier to a public assistance recipient returning

to the work force; and

WHEREAS, The General Assembly finds and declares that the

intent of this legislation is:

(1) To ensure taxpayer-funded public assistance benefits

are not used to purchase illicit drugs.

(2) To reduce the illegal drug trade, which causes

substantial damage to the social, moral and financial fabric

of this Commonwealth.

(3) To discourage the use of illicit drugs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 432.24 of the act of June 13, 1967

(P.L.31, No.21), known as the Human Services Code, is amended to

read:

Section 432.24. [Eligibility for Persons with Drug-related

Felonies] Screening for Illegal Drug Use.--(a) To the extent

permitted by Federal law, [a person who is otherwise eligible to

receive public assistance shall not be denied assistance solely

because he has been convicted of a felony drug offense,

provided:

(1) He is complying with or has already complied with the

obligations imposed by the criminal court.

(2) He is actively engaged in or has completed a court-

ordered substance abuse treatment program and participates in

periodic drug screenings for five years after the drug-related

conviction or for the duration of probation, whichever is of

longer duration.] the department shall develop and implement a

drug test and drug retest program to screen applicants for and

recipients of public assistance. Each applicant or recipient

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eighteen years of age or older and less than sixty-five years of

age must meet the requirements of this section as a condition

for receiving public assistance.

(b) Under the screening for the drug test and retest program

the department shall:

(1) Require a recipient be scheduled to be tested [if he has

either a felony conviction for a drug offense which occurred

within five years or a felony conviction for a drug offense for

which he is presently on probation] subject to the following

conditions:

(i) An individual who is applying for public assistance is

required to be tested and shall be tested at the time the

application for public assistance is made.

(ii) A recipient already receiving public assistance as of

the effective date of this section shall be scheduled to be

tested in accordance with paragraph (2).

(2) Develop and implement a system for randomly testing no

less than twenty percent of the individuals receiving public

assistance benefits during each six-month period following the

effective date of this section who are subject to testing for

the presence of illegal drugs under this section.

(3) Deny public assistance to an individual who refuses to

take the drug test or the drug retest required by this section

and terminate the public assistance benefits for anyone who

refuses to submit to the random drug test required by this

section.

fails it shall be subject to the following sanctions:

(1) For failing a drug test or retest the first time, [an

individual shall be provided an assessment for addiction and

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provided treatment for addiction as indicated by treatment

criteria developed by the Single State Authority on Drugs and

Alcohol. Assessments shall be conducted by the Single County

Authority (SCA) on Drugs and Alcohol or a designee. Treatment

recommended shall be provided by facilities licensed by the

Division of Drug and Alcohol Program Licensure in the Department

of Health. Medicaid eligibility and determinations shall be

expedited to ensure access to assessment and addiction treatment

through Medicaid. If the individual cooperates with the

assessment and treatment, no penalty will be imposed. If the

individual refuses to cooperate with the assessment and

treatment,] the public assistance shall be suspended for six

months. The department must notify the individual of the failed

drug test no later than seven days after receipt of the drug

test results, and the suspension in public assistance will begin

on the next scheduled distribution of public assistance and for

every other distribution of public assistance until the

suspension period lapses. After suspension, an individual may

apply for public assistance, but shall submit to a retest.

(2) For failing a drug test or retest the second time, the

public assistance to which the individual is entitled shall be

suspended for twelve months. The department must notify the

individual of the failed drug test no later than seven days

after receipt of the drug test results, and the suspension in

public assistance shall begin on the next scheduled distribution

of public assistance and for every other distribution of public

assistance until the suspension period lapses. After suspension,

an individual may then reapply for public assistance, but shall

submit to a retest.

(3) For failing a drug test or retest the third time, the

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individual shall no longer be entitled to public assistance.

(c.1) During the time that an applicant or recipient is

under a sanction under subsection (c), the department shall

appoint a protective payee to receive public assistance on

behalf of the children of the applicant or recipient.

(c.2) The department shall keep all results of the drug test

or retest confidential to all parties, including law

enforcement, except as required by a subpoena or court order.

(d) Nothing in this section shall be construed to render

applicants or recipients who fail a drug test or drug retest

ineligible for:

(1) a Commonwealth program that pays the costs for

participating in a drug treatment program;

(2) a medical assistance program; or

(3) another benefit not included within the definition of

public assistance as defined under this act.

[(e) Notwithstanding any other provision in this section,

the department shall, in its sole discretion, determine when it

is cost effective to implement the provisions of this section.

(f) Within six months of the effective date of this section,

the department shall submit a written report detailing the

department's determination whether it is cost effective to

implement the provisions of this section. Nothing in this

section shall prohibit the department from implementation of

this program prior to the issuance of the report. The report

shall be submitted to the Governor, the General Assembly, the

chairperson and minority chairperson of the Public Health and

Welfare Committee of the Senate, the chairperson and minority

chairperson of the Health Committee of the House of

Representatives and the Inspector General.]

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(f.1) Within six months of the effective date of this

subsection, the department shall submit a written report

detailing the department's activities with respect to

implementing the provisions of this section. The report shall be

submitted to the Governor, the General Assembly, the chairperson

and minority chairperson of the Health and Human Services

Committee of the Senate, the chairperson and minority

chairperson of the Health Committee of the House of

Representatives and the Inspector General.

(g) As used in this section, the following words and phrases

shall have the meanings given to them in this subsection unless

the context clearly indicates otherwise:

["Drug offense" means an offense resulting in a conviction

for the possession, use or distribution of a controlled

substance, or conspiracy to commit the offense, whether the

offense occurred in this Commonwealth or in another

jurisdiction.]

"Drug test" [means] and "drug retest" mean a urinalysis,

blood test or another scientific study of an individual's body

which has been conclusively found to detect the presence or

prior use of an illegal drug or substance and for which the

accuracy has been accepted in the scientific community.

"Public assistance" means Temporary Assistance to Needy

Families (TANF), Federal food stamps, general assistance and

State supplemental assistance.

Section 2. This act shall take effect in 60 days.

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