Bill Text: IA HF356 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act requiring applicants for and participants in certain public assistance programs administered by the department of human services to participate in a substance abuse screening program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF356 Detail]
Download: Iowa-2011-HF356-Introduced.html
House
File
356
-
Introduced
HOUSE
FILE
356
BY
ALONS
A
BILL
FOR
An
Act
requiring
applicants
for
and
participants
in
certain
1
public
assistance
programs
administered
by
the
department
of
2
human
services
to
participate
in
a
substance
abuse
screening
3
program.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
NEW
SECTION
.
217.14
Public
assistance
programs
1
——
substance
abuse
screening.
2
1.
For
the
purposes
of
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Department”
means
the
department
of
human
services.
5
b.
“Public
assistance
program”
means
the
food
assistance
6
program
food
programs
under
chapter
234,
the
family
investment
7
program
under
chapter
239B,
or
the
medical
assistance
program
8
under
chapter
249A.
9
c.
“Substance
abuse
screening
program”
or
“screening
program”
10
means
the
substance
abuse
screening
program
administered
11
pursuant
to
this
section.
12
2.
As
a
condition
of
eligibility
for
an
adult
applicant
13
or
adult
participant
to
receive
public
assistance
program
14
benefits,
the
applicant
or
participant
shall,
if
not
otherwise
15
prohibited
by
state
or
federal
law,
agree
to
participate
in
the
16
substance
abuse
screening
program.
17
3.
The
department
shall
design
and
implement
a
substance
18
abuse
screening
program
for
adult
applicants
for
and
adult
19
participants
in
public
assistance
programs.
To
the
extent
20
authorized
under
applicable
federal
requirements,
the
program
21
shall
include
but
is
not
limited
to
all
of
the
following
22
elements:
23
a.
Periodic
screening
of
the
applicant’s
or
participant’s
24
blood
or
urine
for
the
presence
of
a
controlled
substance.
25
b.
A
blood
or
urine
screening
is
performed
prior
to
the
26
applicant’s
initial
receipt
of
public
assistance.
27
c.
A
subsequent
blood
or
urine
screening
of
a
participant
is
28
performed
at
least
annually
with
random
assignment
of
a
month
29
in
which
the
participant
is
required
to
submit
to
the
screening
30
upon
receipt
of
notice
from
the
department.
31
d.
The
results
of
the
blood
or
urine
screening
shall
not
be
32
admissible
in
any
criminal
proceeding
without
the
consent
of
33
the
person
subject
to
the
screening.
34
e.
Provision
for
the
cost
of
the
blood
or
urine
screening
to
35
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be
deducted
from
the
public
assistance
program
benefits
payable
1
to
the
applicant
or
participant.
2
f.
Other
design,
operation,
and
standards
provisions
adopted
3
in
rule
to
ensure
the
program
is
implemented
in
a
fair
and
4
economical
manner.
5
4.
An
adult
applicant
or
adult
participant
shall
be
6
ineligible
for
public
assistance
program
benefits
if
any
of
the
7
following
is
applicable:
8
a.
The
applicant
or
participant
does
not
participate
in
the
9
substance
abuse
screening
program.
10
b.
The
applicant
or
participant
tests
positive
in
a
11
substance
abuse
test
administered
under
the
screening
program
12
for
the
presence
of
either
of
the
following:
13
(1)
A
substance
listed
in
schedule
I
under
section
124.204.
14
(2)
A
substance
listed
in
schedule
II,
III,
or
IV
under
15
chapter
124
that
was
not
prescribed
for
the
applicant
or
16
participant.
17
EXPLANATION
18
This
bill
requires
applicants
and
participants
in
certain
19
public
assistance
programs
administered
by
the
department
of
20
human
services
to
participate
in
a
substance
abuse
screening
21
program.
22
New
Code
section
217.14
defines
“public
assistance
program”
23
to
mean
the
food
assistance
program
or
food
programs
under
Code
24
chapter
234,
the
family
investment
program
under
Code
chapter
25
239B,
or
the
medical
assistance
(Medicaid)
program
under
Code
26
chapter
249A.
27
An
applicant
or
participant
for
a
public
assistance
program
28
is
required
as
a
condition
of
eligibility
for
the
program,
29
unless
prohibited
by
state
or
federal
law,
to
participate
30
in
the
substance
abuse
screening
program
created
by
the
31
department
pursuant
to
the
bill
to
the
extent
authorized
under
32
federal
law.
An
applicant
is
subject
to
a
blood
or
urine
33
screening
prior
to
initial
receipt
of
public
assistance
and
at
34
least
annually
while
receiving
assistance.
The
results
of
a
35
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screening
are
not
admissible
in
any
criminal
proceeding
without
1
the
consent
of
the
person
subject
to
the
screening.
The
cost
2
of
the
blood
or
urine
screening
is
to
be
deducted
from
the
3
public
assistance
program
benefits
payable
to
the
applicant
or
4
participant.
Other
design,
operation,
and
standards
provisions
5
are
required
to
be
adopted
in
rule
to
ensure
the
program
is
6
implemented
in
a
fair
and
economical
manner.
7
An
applicant
or
participant
is
ineligible
for
public
8
assistance
program
benefits
for
failure
to
participate
in
the
9
substance
abuse
screening
program
or
for
testing
positive
in
a
10
substance
abuse
test
administered
under
the
screening
program
11
for
the
presence
of
either
of
the
following:
a
substance
12
listed
in
schedule
I
under
Code
section
124.204
or
for
a
13
substance
listed
in
schedule
II,
III,
or
IV
under
Code
chapter
14
124
that
was
not
prescribed
for
the
applicant
or
participant.
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