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PRINTER'S NO. 1917
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1380
Session of
2015
INTRODUCED BY KRIEGER, MILLARD, BAKER, REESE, WARD, DUNBAR,
MASSER, WARNER, HEFFLEY, JAMES, CUTLER, CAUSER, METZGAR, COX,
MALONEY, METCALFE, RAPP, WHITE, FEE, TOPPER, PICKETT,
ZIMMERMAN, M. K. KELLER, D. COSTA, MARSICO, A. HARRIS,
JOZWIAK, MAHONEY AND GILLEN, JUNE 24, 2015
REFERRED TO COMMITTEE ON HEALTH, JUNE 24, 2015
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 responsibilities and obligations of
department, applicants and recipients and for verification of
eligibility; and providing for written questionnaire to
screen for drug use.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 405.3(a) of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code, is amended by
adding a paragraph to read:
Section 405.3. Responsibilities and Obligations of
Department, Applicants and Recipients.--(a) Subject to Federal
approval, only where necessary, each adult applicant or
recipient of cash assistance or other person who is required to
sign an application for assistance shall be required as a
condition of eligibility to enter into a mutual agreement with
the department that will set forth the responsibilities and
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obligations to be undertaken by the recipient to achieve self-
sufficiency, the time frames within which each obligation is to
be completed, the penalties for failure to comply and the
actions to be taken by the department to support the efforts of
the applicant or recipient. Where appropriate, these obligations
shall include, but not be limited to:
* * *
(7.1) Completing a written questionnaire designed to
accurately determine the following:
(i) the likelihood of an applicant or recipient having a
substance use disorder involving the misuse of an illegal
substance; and
(ii) the impact of the substance use disorder on the
applicant or recipient's ability to complete the other
obligations of this section.
* * *
Section 2. Section 432.19 of the act, amended May 16, 1996
(P.L.175, No.35), is amended to read:
Section 432.19. Verification of Eligibility.--All conditions
of eligibility for assistance shall be verified prior to
authorization of assistance or during a redetermination of a
recipient's eligibility unless the verification is pending from
a third party and the applicant has cooperated in the
verification attempt in accordance with department standards or
unless certification of cooperation is pending with the domestic
relations section pursuant to section 432.6. Initial
authorization of assistance shall not be delayed more than
thirty days after application, unless the delay is a result of a
failure by the applicant or recipient to complete the written
questionnaire required by section 405.3(a)(7.1). If the
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applicant establishes eligibility, assistance will be initially
authorized effective with the date that all conditions of
eligibility are verified. Except when prohibited by Federal law,
it shall be a condition of eligibility for assistance that an
applicant or recipient consent to the disclosure of information
about the age, residence, citizenship, employment, applications
for employment, income and resources of the applicant or
recipient which is in the possession of third parties. Such
consent shall be effective to empower any third party to release
information requested by the department. Except in cases of
suspected fraud, the department shall attempt to notify the
applicant or recipient prior to contacting a third party for
information about that applicant or recipient.
Section 3. The act is amended by adding a section to read:
Section 432.25. Written Questionnaire to Screen for Drug
Use.--(a) If the results of the questionnaire required under
section 405.3(a)(7.1) indicate a reasonable likelihood that the
applicant or recipient may have a substance use disorder
involving the misuse of an illegal substance, the department
shall require the applicant or recipient to take a drug test, at
the department's expense, in order to remain eligible to receive
public assistance.
(b) If an applicant or recipient refuses to complete the
written questionnaire required under section 405.3(a)(7.1) or
refuses to take a drug test after being identified by the
written questionnaire as an individual with a reasonable
likelihood of having a substance use disorder, the department
shall terminate the public assistance benefits for the
individual and the applicant or recipient may not reapply for
public assistance under this part for:
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(1) six months after the first refusal to complete the
questionnaire or refusal to take a drug test; or
(2) twelve months after two or more refusals to complete the
questionnaire or refusals to take a drug test.
(c) After being screened and identified as an individual who
is likely to have a substance use disorder involving the misuse
of an illegal substance and taking and failing a drug test, the
applicant or recipient shall be subject to the following
sanctions:
(1) For failing a drug test the first time, an individual
shall be provided an assessment for addiction and 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 be subject to the same eligibility
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requirements, including completing the written questionnaire
required by section 405.3(a)(7.1).
(2) For failing a drug test 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
be subject to the same eligibility requirements, including
completing the written questionnaire as required by section
405.3(a)(7.1).
(3) For failing a drug test the third time, the individual
shall no longer be entitled to public assistance.
(d) If an applicant or recipient tests negative for the
unlawful use of an illegal substance after taking a drug test,
the applicant or recipient remains eligible for cash assistance.
(e) 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.
(f) Within six months of the effective date of this section,
the department shall provide the written questionnaire to the
county assistance offices to be used to screen applicants or
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recipients for a substance use disorder.
(g) The result of the drug test given under this section
shall be considered a private medical record and not subject to
disclosure to third parties except as provided by Federal and
State law.
(h) 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 test" means 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 4. This act shall take effect in 60 days.
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