House Bill 1292

AN ACT TO PROVIDE THAT ADULTS WHO ARE APPROVED BY THE DEPARTMENT OF HUMAN SERVICES TO RECEIVE SNAP BENEFITS SHALL BE REQUIRED TO COMPLETE A WRITTEN SCREENING QUESTIONNAIRE DESIGNED TO DETERMINE THE LIKELIHOOD OF THE PERSON HAVING A SUBSTANCE USE DISORDER; TO PROVIDE THAT IF THE RESULTS OF THE WRITTEN SCREENING QUESTIONNAIRE INDICATE A REASONABLE LIKELIHOOD THAT AN ADULT RECIPIENT MAY HAVE A SUBSTANCE USE DISORDER INVOLVING THE MISUSE OF A DRUG, THE DEPARTMENT SHALL REQUIRE THE PERSON TO SUBMIT TO A DRUG TEST AT THE DEPARTMENT'S EXPENSE IN ORDER TO CONTINUE TO RECEIVE BENEFITS; TO PROVIDE THAT IF AN ADULT RECIPIENT REFUSES TO TAKE THE REQUIRED DRUG TEST, THE DEPARTMENT SHALL TERMINATE SNAP BENEFITS AND THE PERSON MAY NOT REAPPLY FOR BENEFITS FOR A CERTAIN PERIOD OF TIME; TO PROVIDE THAT IF AN ADULT RECIPIENT TESTS POSITIVE FOR THE UNLAWFUL USE OF A DRUG AFTER TAKING A DRUG TEST, THE PERSON SHALL BE GIVEN A LIST OF APPROVED SUBSTANCE USE DISORDER TREATMENT PROVIDERS THAT ARE AVAILABLE IN THE AREA IN WHICH THE PERSON RESIDES, AND MAY CONTINUE TO RECEIVE BENEFITS IF THE PERSON ENTERS INTO AND FOLLOWS THE REQUIREMENTS OF A SUBSTANCE USE DISORDER TREATMENT PLAN; TO PROVIDE THAT IF AN ADULT RECIPIENT DECLINES TO ENTER INTO A SUBSTANCE USE DISORDER TREATMENT PLAN, OR IF THE RECIPIENT ENTERS INTO, BUT FAILS TO MEET, A REQUIREMENT OF A SUBSTANCE USE DISORDER TREATMENT PLAN, THE DEPARTMENT SHALL TERMINATE SNAP BENEFITS AND THE PERSON MAY NOT REAPPLY FOR BENEFITS FOR A CERTAIN PERIOD OF TIME; TO DIRECT THE DEPARTMENT OF HUMAN SERVICES TO SEEK FEDERAL WAIVERS NECESSARY TO ALLOW THE DEPARTMENT TO IMPLEMENT THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Adult" means a person who is eighteen (18) years of age or older.

(b) "Department" means the Department of Human Services.

(c) "Drug" means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescription.

(d) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's body fluids.

(2) Adults who are approved by the department to receive Supplemental Nutrition Assistance Program (SNAP) benefits shall be required to complete a written screening questionnaire designed to determine the likelihood of the person having a substance use disorder.

(3) If the results of the written screening questionnaire indicate a reasonable likelihood that an adult recipient may have a substance use disorder involving the misuse of a drug, the department shall require the person to submit to a drug test at the department's expense in order to continue to receive SNAP benefits.

(4) If an adult recipient refuses to take the required drug test, the department shall terminate SNAP benefits for the person and the person may not reapply for benefits for:

(a) Ninety (90) days after a first refusal to take a drug test within one (1) year; or

(b) One (1) year after a second refusal to take a drug test within one (1) year.

(5) A drug test shall be administered with due regard to the privacy and dignity of the person being tested.

(6) Before taking a drug test, an adult recipient may advise the person administering the test regarding any prescription or over-the-counter medication that the person is taking.

(7) The result of a drug test is a private record and disclosure to a third party is prohibited.

(8) If an adult recipient tests negative for the unlawful use of a drug after taking a drug test, the person remains eligible for SNAP benefits, subject to the other SNAP eligibility requirements.

(9) If an adult recipient tests positive for the unlawful use of a drug after taking a drug test, the person:

(a) Shall be given a list of approved substance use disorder treatment providers that are available in the area in which the person resides; and

(b) May continue to receive benefits if the person enters into and follows the requirements of a substance use disorder treatment plan, including:

(i) Receiving treatment from an approved substance use disorder treatment provider for at least sixty (60) days;

(ii) Testing negative for the unlawful use of a drug:

1. In each later drug test required by department rule during treatment; and

2. In an additional drug test given at the conclusion of treatment; and

(iii) Meeting the other SNAP requirements for receiving benefits.

(10) If an adult recipient declines to enter into a substance use disorder treatment plan, or if the recipient enters into but fails to meet a requirement of a substance use disorder treatment plan, including if the person refuses to take a drug test required by a substance use disorder treatment plan or tests positive for the unlawful use of a drug in a drug test required by a substance use disorder treatment plan, the department shall terminate SNAP benefits for the person and the person may not reapply for benefits for:

(a) Ninety (90) days after the day on which the department determines that the person is no longer eligible for benefits; or

(b) One (1) year after the day on which the department determines that the person is no longer eligible for benefits, if the department has previously determined on at least one (1) other occasion in the past year that the person is no longer eligible for benefits.

SECTION 2. The Department of Human Services shall seek waivers from federal law and regulations from the United States Department of Health and Human Services and the United States Department of Agriculture that are necessary to allow the Department of Human Services to implement the provisions of Section 1 of this act.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.