THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EVERETT, ARGALL, BARRAR, BELFANTI, BOBACK, BOYD, CAUSER, CLYMER, D. COSTA, CREIGHTON, CUTLER, DALLY, DENLINGER, FAIRCHILD, FLECK, GEIST, GIBBONS, GILLESPIE, GOODMAN, GRELL, GROVE, HALUSKA, HARHAI, HARHART, HARRIS, HENNESSEY, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, LONGIETTI, MAHONEY, MAJOR, MARSHALL, MARSICO, MELIO, METZGAR, MILLARD, MILLER, MILNE, MOUL, MURT, MUSTIO, O'NEILL, PALLONE, PAYNE, PEIFER, PERZEL, PETRARCA, PHILLIPS, PICKETT, PYLE, RAPP, READSHAW, REED, REICHLEY, ROAE, ROHRER, SCAVELLO, K. SMITH, SONNEY, STERN, SWANGER, TRUE, TURZAI AND VULAKOVICH, MARCH 11, 2009

REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES, MARCH 11, 2009  

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," providing, in public

assistance, for screening for illegal drug use.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a section to

read:

Section 432.23.  Screening for Illegal Drug Use.--(a)  The

department shall develop and implement a drug test and drug

retest program approved by the Department of Health to screen

applicants for and recipients of cash assistance benefits. Each

applicant or recipient eighteen years of age or older but under

sixty-five years of age must meet the requirements of this

section as a condition for receiving cash assistance benefits.

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

program, the following apply:

(1)  The department shall:

(i)  Require that recipients already receiving cash

assistance benefits as of the effective date of this section be

scheduled to be tested at the time their request for assistance

is reviewed.

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

less than 20% of the individuals receiving cash assistance

benefits during each six-month period who are subject to testing

for the presence of illegal drugs under this section.

(iii)  Compile a list of drug treatment programs throughout

this Commonwealth that are acceptable to the department in which

applicants and recipients who fail the drug test or drug retest

may participate without paying a fee or charge as a condition

for participation and take steps to develop and to encourage the

development of additional programs in areas where there are

limited drug treatment programs.

(iv)  Notify each individual who fails a drug test for the

presence of illegal drugs of the availability of substance abuse

assistance programs in the geographical area where the

individual resides.

(v)  Provide advance notice or a reasonable opportunity for

advance notice to each applicant for or recipient of cash

assistance benefits of screening under this section advising

that:

(A)  a drug testing requirement is a condition for the

receipt of cash assistance benefits;

(B)  the applicant or recipient may, but is not required to,

advise the administrator of the test of any prescription or

other over-the-counter medication that the applicant or

recipient takes; and

(C)  the required testing may be avoided by not applying for

or receiving cash assistance benefits.

(vi)  Provide a procedure to assure each individual being

tested a reasonable degree of dignity consistent with the

department's need to ensure the reliability of the urine sample.

(vii)  Deny cash assistance benefits to any individual who

refuses to take the drug test or drug retest required by this

section and terminate the cash assistance benefits of any

recipient who refuses to submit to the random drug test required

by this section.

(viii)  Not charge applicants or recipients a fee for any

drug test or drug retest conducted pursuant to this section.

(2)  The department may require each applicant and recipient

to sign a written acknowledgment that the applicant or recipient

has received and understands the notice and advice.

(c)  Any individual who is denied cash assistance benefits or

whose cash assistance benefits are terminated because the

individual failed to pass a drug retest after failing to pass a

drug test shall be ineligible for cash assistance benefits for a

12-month period beginning with the date of the denial or

termination, unless a lesser period is mandated under Federal

law.

(d)  The following apply:

(1)  No applicant who fails the drug test may be entitled to

cash assistance benefits until the applicant passes a drug

retest, regardless of whether the applicant appeals the test

results.

(2)  A recipient of cash assistance benefits may continue to

receive cash assistance benefits for a period of not more than

sixty days after failing a drug test if the recipient files a

departmental appeal of the results of the drug test within

fifteen days following the administration of the test. The

department shall decide the appeal within this sixty-day period.

(3)  The drug test required by this subsection shall be

administered by the department within sixty days after the final

failure to pass the drug test required under this section.

(4)  If a recipient fails a drug test, the recipient shall be

deemed an applicant for purposes of any drug retest provided for

under this section.

(5)  Any applicant or recipient who fails a drug test shall

not be eligible for cash assistance benefits until the applicant

or recipient completes a drug treatment program approved by the

department, unless participation in such a program is waived in

accordance with subsection (e).

(e)  The following apply:

(1)  The department shall waive the drug treatment

requirement as a condition for the receipt of cash assistance

benefits if there is no program acceptable to the department

within a reasonable geographic proximity to the residence of the

recipient or applicant in which the applicant or recipient can

participate without paying a fee or charge as a condition for

participation.

(2)  This subsection shall not be construed to waive any

denial or termination of cash assistance benefits as a

consequence of failing a drug test or drug retest mandated under

this section.

(f)  Nothing in this section shall be construed to render an

applicant or recipient who fails a drug test or drug retest

ineligible for a Commonwealth program that pays costs for

participating in a drug treatment program, for a medical

assistance program or for any other benefit that is not cash

assistance benefits.

(g)  Testing under this section shall be limited solely to

the detection of the use of illegal drugs and shall not be

conducted or used for any other purpose. The department shall

not develop or implement any procedure designed to advise law

enforcement authorities as to whether an applicant or recipient

has failed a screening test under this section.

(h)  The department shall submit an annual report on the

screening testing program to the President pro tempore of the

Senate, the Minority Leader of the Senate, the Speaker of the

House of Representatives and the Minority Leader of the House of

Representatives. The report shall include the number of

individuals tested, the illegal drugs tested for, the number of

individuals who failed drug tests and drug retests and the costs

associated with the testing.

(i)  The following words and phrases, when used in this

section, shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Cash assistance benefits" means cash benefits authorized

under the Federal temporary assistance to needy families program

or authorized as general assistance as provided for in section

432(3).

"Drug" means a controlled substance as defined in section 2

of the act of April 14, 1972 (P.L.233, No.64), known as "The

Controlled Substance, Drug, Device and Cosmetic Act."

"Drug retest" means a repeat of a drug test.

"Drug test" means a test that involves the collection of a

urine sample for the purpose of determining the presence of

drugs.

"Drug treatment program" means a public, nonprofit or other

nonpublic program which is for the assessment, treatment and

rehabilitation of persons who use illegal drugs which does not

exceed thirty days.

"Illegal drug" means a controlled substance as defined in

section 2 of the act of April 14, 1972 (P.L.233, No.64), known

as "The Controlled Substance, Drug, Device and Cosmetic Act."

"Illegal drug use" means the use of drugs in violation of the

act of April 14, 1972 (P.L.233, No.64), known as "The Controlled

Substance, Drug, Device and Cosmetic Act," or any other law.

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