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  85R953 EES-F
 
  By: Metcalf H.B. No. 542
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the drug screening and testing of certain persons
  seeking benefits under the medical assistance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.024(b), Human Resources Code, is
  amended to read as follows:
         (b)  Subject to Section 32.02431, the [The] commission may
  provide medical assistance to other persons who are financially
  unable to meet the cost of medical services if federal matching
  funds are available for that purpose. The executive commissioner
  shall adopt rules governing the eligibility of those persons for
  the services.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02431 to read as follows:
         Sec. 32.02431.  DRUG SCREENING AND TESTING AS CONDITION OF
  BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. (a) In
  this section, "controlled substance" and "marihuana" have the
  meanings assigned by Chapter 481, Health and Safety Code.
         (b)  The executive commissioner by rule shall adopt a drug
  screening and testing program for adult applicants for and adult
  recipients of medical assistance benefits who are eligible to
  receive those benefits under Section 32.024(b). The program must:
               (1)  comply with the drug testing requirements of 49
  C.F.R. Part 382 or other similar national requirements for drug
  testing programs recognized by the commission, except to the extent
  those requirements are inconsistent with this section; and
               (2)  be designed to protect the rights of applicants
  and recipients.
         (c)  Under the program, each adult applicant for and adult
  recipient of medical assistance benefits described by Subsection
  (b) who initially applies for those benefits or who applies for the
  continuation of those benefits must submit to and pass a drug
  screening assessment developed and administered by or on behalf of
  the commission for purposes of this subsection as a prerequisite to
  initially receiving or continuing to receive the benefits. The
  assessment tool used under this subsection must consist of a
  written questionnaire to be completed by the person applying for
  medical assistance benefits and must be designed to accurately
  determine the reasonable likelihood that a person is using a
  controlled substance not prescribed for the person by a health care
  practitioner or marihuana. A person whose drug screening
  assessment indicates a reasonable likelihood of use by the person
  of a controlled substance not prescribed for the person by a health
  care practitioner or marihuana must submit to and pass a drug test
  administered by or on behalf of the commission to establish the
  person's eligibility for medical assistance benefits.  A person who
  fails a drug test required under this subsection under a final
  determination or decision under this section is not eligible to
  receive medical assistance benefits until the person has passed a
  subsequent drug test administered by or on behalf of the commission
  not earlier than four weeks after the date the person submitted to
  the failed drug test.
         (d)  Notwithstanding Subsection (c), a person's eligibility
  to receive medical assistance benefits is not affected by the
  person's failure to pass a drug test if, on the basis of evidence
  presented by the person, the commission determines that:
               (1)  the person is participating in a treatment program
  for drug abuse; or
               (2)  the person enrolls in and begins attending a
  treatment program for drug abuse not later than the seventh day
  after the date initial notice of the failed drug test is sent to the
  person.
         (e)  The executive commissioner shall prescribe procedures
  for providing initial notice to a person who fails a drug test under
  Subsection (c), for an appeal of a failed drug test, and for the
  retaking of a failed drug test by a person under this section. The
  procedures must provide:
               (1)  for prompt initial notice by mail to a person who
  fails a drug test under Subsection (c) regarding:
                     (A)  the fact of the person's failure of the drug
  test;
                     (B)  the manner in which the person may notify the
  commission that the person has enrolled in and is attending a
  treatment program for drug abuse;
                     (C)  the manner in which the person may appeal and
  retake the failed drug test; and
                     (D)  common potential causes of a false positive
  test result;
               (2)  for privacy with regard to the person's drug test
  result until not later than the 14th day after the date the initial
  notice of the failed drug test was mailed to the person, during
  which time the person may appeal and retake the failed drug test;
  and
               (3)  that a determination or decision that a person has
  failed a drug test under this section becomes final on:
                     (A)  the 15th day after the date the initial
  notice of the failed drug test was mailed to the person if the
  person does not appeal and retake the person's failed drug test as
  provided by this section; or
                     (B)  the date that a retest conducted pursuant to
  an appeal by the person as provided by this section confirms the
  positive drug test result.
         (f)  The commission shall administer the program under this
  section using existing administrative funds and any funds
  appropriated to the commission for the purposes of this section.
         SECTION 3.  (a)  Section 32.02431, Human Resources Code, as
  added by this Act, applies to:
               (1)  an adult applicant who initially applies for
  medical assistance benefits under Chapter 32, Human Resources Code,
  on or after January 1, 2018; and
               (2)  an adult applicant who applies for the
  continuation of medical assistance benefits under Chapter 32, Human
  Resources Code, on or after January 1, 2018.
         (b)  An adult applicant who initially applies for or who
  applies for the continuation of medical assistance benefits under
  Chapter 32, Human Resources Code, before January 1, 2018, is
  governed by the law in effect when the person applied for medical
  assistance benefits, and that law is continued in effect for that
  purpose until the person subsequently applies for a continuation of
  those benefits on or after January 1, 2018.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect September 1, 2017.