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A BILL TO BE ENTITLED
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AN ACT
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relating to the drug screening and testing of certain persons |
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seeking benefits under the medical assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.024(b), Human Resources Code, is |
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amended to read as follows: |
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(b) Subject to Section 32.02431, the [The] commission may |
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provide medical assistance to other persons who are financially |
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unable to meet the cost of medical services if federal matching |
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funds are available for that purpose. The executive commissioner |
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shall adopt rules governing the eligibility of those persons for |
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the services. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02431 to read as follows: |
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Sec. 32.02431. DRUG SCREENING AND TESTING AS CONDITION OF |
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BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. (a) In |
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this section, "controlled substance" and "marihuana" have the |
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meanings assigned by Chapter 481, Health and Safety Code. |
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(b) The executive commissioner by rule shall adopt a drug |
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screening and testing program for adult applicants for and adult |
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recipients of medical assistance benefits who are eligible to |
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receive those benefits under Section 32.024(b). The program must: |
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(1) comply with the drug testing requirements of 49 |
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C.F.R. Part 382 or other similar national requirements for drug |
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testing programs recognized by the commission, except to the extent |
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those requirements are inconsistent with this section; and |
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(2) be designed to protect the rights of applicants |
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and recipients. |
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(c) Under the program, each adult applicant for and adult |
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recipient of medical assistance benefits described by Subsection |
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(b) who initially applies for those benefits or who applies for the |
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continuation of those benefits must submit to and pass a drug |
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screening assessment developed and administered by or on behalf of |
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the commission for purposes of this subsection as a prerequisite to |
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initially receiving or continuing to receive the benefits. The |
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assessment tool used under this subsection must consist of a |
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written questionnaire to be completed by the person applying for |
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medical assistance benefits and must be designed to accurately |
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determine the reasonable likelihood that a person is using a |
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controlled substance not prescribed for the person by a health care |
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practitioner or marihuana. A person whose drug screening |
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assessment indicates a reasonable likelihood of use by the person |
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of a controlled substance not prescribed for the person by a health |
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care practitioner or marihuana must submit to and pass a drug test |
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administered by or on behalf of the commission to establish the |
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person's eligibility for medical assistance benefits. A person who |
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fails a drug test required under this subsection under a final |
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determination or decision under this section is not eligible to |
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receive medical assistance benefits until the person has passed a |
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subsequent drug test administered by or on behalf of the commission |
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not earlier than four weeks after the date the person submitted to |
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the failed drug test. |
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(d) Notwithstanding Subsection (c), a person's eligibility |
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to receive medical assistance benefits is not affected by the |
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person's failure to pass a drug test if, on the basis of evidence |
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presented by the person, the commission determines that: |
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(1) the person is participating in a treatment program |
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for drug abuse; or |
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(2) the person enrolls in and begins attending a |
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treatment program for drug abuse not later than the seventh day |
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after the date initial notice of the failed drug test is sent to the |
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person. |
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(e) The executive commissioner shall prescribe procedures |
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for providing initial notice to a person who fails a drug test under |
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Subsection (c), for an appeal of a failed drug test, and for the |
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retaking of a failed drug test by a person under this section. The |
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procedures must provide: |
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(1) for prompt initial notice by mail to a person who |
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fails a drug test under Subsection (c) regarding: |
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(A) the fact of the person's failure of the drug |
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test; |
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(B) the manner in which the person may notify the |
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commission that the person has enrolled in and is attending a |
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treatment program for drug abuse; |
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(C) the manner in which the person may appeal and |
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retake the failed drug test; and |
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(D) common potential causes of a false positive |
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test result; |
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(2) for privacy with regard to the person's drug test |
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result until not later than the 14th day after the date the initial |
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notice of the failed drug test was mailed to the person, during |
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which time the person may appeal and retake the failed drug test; |
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and |
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(3) that a determination or decision that a person has |
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failed a drug test under this section becomes final on: |
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(A) the 15th day after the date the initial |
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notice of the failed drug test was mailed to the person if the |
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person does not appeal and retake the person's failed drug test as |
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provided by this section; or |
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(B) the date that a retest conducted pursuant to |
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an appeal by the person as provided by this section confirms the |
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positive drug test result. |
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(f) The commission shall administer the program under this |
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section using existing administrative funds and any funds |
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appropriated to the commission for the purposes of this section. |
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SECTION 3. (a) Section 32.02431, Human Resources Code, as |
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added by this Act, applies to: |
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(1) an adult applicant who initially applies for |
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medical assistance benefits under Chapter 32, Human Resources Code, |
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on or after January 1, 2018; and |
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(2) an adult applicant who applies for the |
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continuation of medical assistance benefits under Chapter 32, Human |
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Resources Code, on or after January 1, 2018. |
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(b) An adult applicant who initially applies for or who |
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applies for the continuation of medical assistance benefits under |
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Chapter 32, Human Resources Code, before January 1, 2018, is |
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governed by the law in effect when the person applied for medical |
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assistance benefits, and that law is continued in effect for that |
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purpose until the person subsequently applies for a continuation of |
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those benefits on or after January 1, 2018. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2017. |