This bill states that if the results of an assessment required by the department in order to qualify for TANF benefits indicate a “reasonable likelihood” that a recipient may have a substance use disorder, the recipient must take a drug test at the department’s expense. If the recipient refuses, his or her case will be placed in sanction status and the recipient will lose his or her share of the family’s grant, or the grant will be reduced by 40% (whichever is greater). If the recipient continues to be noncompliant for more than four months, the department must terminate his or her case. Before taking the test, the recipient may alert the person administering it to any prescription or over-the-counter medication that he or she may be taking.
If a recipient tests negative, he or she remains in compliance with the TANF program. If a recipient tests positive, the department must provide the recipient with a list of approved substance use disorder treatment providers available in the area in which he or she lives. The recipient may continue to receive TANF benefits if he or she enters into and complies with an individual responsibility plan, which may include receiving treatment from an approved substance use disorder treatment provider at the department’s expense for at least sixty days, as well as testing negative for the unlawful use of a controlled substance in subsequent drug tests during and at the conclusion of treatment. If the recipient fails to meet these requirements, his or her case will be placed in sanction status. If the recipient continues to be noncompliant for more than four months, the department must terminate his or her case.
