Citations Affected: IC 12-7-2-43.3; IC 12-14-30; IC 12-15-2-26;
IC 12-15-45.
Synopsis: Drug testing for public assistance. Requires the division of
family resources to develop a program to test, for use of controlled
substances, an individual applying for or receiving assistance under the
federal Temporary Assistance for Needy Families (TANF) program, if
a county office believes, based on reasonable suspicion, that the
individual is engaged in the illegal use of controlled substances.
Provides that an individual who tests positive for a controlled substance
without a prescription is ineligible to receive TANF assistance.
Provides that an individual who is ineligible to receive assistance may
reapply for assistance under the TANF program on the earlier of: (1)
six months after the date the individual tests positive for a controlled
substance; or (2) the date the individual complies with and completes
a drug abuse treatment program. Provides that an individual who is
ineligible for TANF assistance as the result of testing positive for the
presence of illegal drugs is ineligible for assistance under the Medicaid
program. Requires the office of Medicaid policy and planning to apply
for an amendment to the state Medicaid plan to limit Medicaid
eligibility for individuals who are ineligible under the TANF program
as the result of testing positive for the presence of illegal drugs.
Effective: Upon passage; July 1, 2011.
January 20, 2011, read first time and referred to Committee on Family, Children and
Human Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
that the individual is engaged in the illegal use of a controlled
substance.
(b) The division shall develop and implement a program under
this chapter that includes the following:
(1) Testing of individuals described in subsection (a) under the
TANF program.
(2) A urinalysis test for purposes of the testing required under
this chapter.
(3) An appeals process for individuals tested under this
chapter.
Sec. 3. If an individual who is tested for a controlled substance
under this chapter:
(1) tests positive for the presence of a controlled substance in
the individual's body; and
(2) does not possess a valid prescription for the controlled
substance;
the individual is ineligible to receive assistance under the TANF
program, after an administrative hearing under IC 4-21.5 in which
a finding is made that the individual tested positive under
subdivision (1) and did not possess a valid prescription under
subdivision (2) when the test was administered.
Sec. 4. An individual tested for the use of a controlled substance
under this chapter is not considered to have tested positive for the
presence of a controlled substance in the individual's body until the
sample obtained from the original test has been retested to rule out
a false positive.
Sec. 5. The division shall refer an individual who is ineligible to
receive assistance under section 3 of this chapter to an appropriate
drug abuse treatment program.
Sec. 6. An individual who is ineligible to receive assistance under
section 3 of this chapter may reapply for assistance under the
TANF program on the earlier of the following:
(1) Six (6) months after the date the individual tests positive
for a controlled substance under this chapter.
(2) The date the individual complies with and completes a
drug abuse treatment program.
Sec. 7. A dependent child's eligibility for assistance under the
TANF program is not affected by this chapter.
Sec. 8. The division or a county office may contract with a
private or public entity or an individual to perform the testing for
controlled substances required under this chapter.
Sec. 9. The division may adopt rules under IC 4-22-2 necessary
to implement this chapter.