S T A T E   O F   N E W   Y O R K
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                                  5528

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK  -- Multi-Sponsored by -- M. of A.
  GOODELL, HAWLEY -- read once and referred to the Committee  on  Social
  Services

AN  ACT to amend the social services law, in relation to drug testing of
  certain public assistance applicants and to repeal certain  provisions
  of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 132 of the social services law, as
added by section 23 of part B of chapter 436 of the laws of 1997,  para-
graphs  (a) and (c) as amended by chapter 214 of the laws of 1998, para-
graphs (d), (e), (f) and (g) as amended by section  43-a  and  paragraph
(i)  as added by section 44 of part C of chapter 58 of the laws of 2008,
is amended to read as follows:
  4. (a) Investigation into the cause of the  condition  of  a  head  of
household  or of any adult applicant [or recipient], WHO IS OVER THE AGE
OF EIGHTEEN YEARS, and the treatment  which  will  be  helpful  to  such
person  shall  include  a  URINE DRUG TEST screening PROCESS for alcohol
and/or substance abuse using a standardized screening [instrument] PROC-
ESS to be developed by the office  of  alcoholism  and  substance  abuse
services  in  consultation  with the department. Such screening shall be
performed by a social services district at the time of  application  and
periodically  thereafter but not more frequently than every six months[,
unless the district has reason to believe that an applicant or recipient
is abusing or dependent on alcohol or drugs, in  accordance  with  regu-
lations promulgated by the department].
  (b)  When  the  screening  process  indicates  that there is reason to
believe that an applicant or recipient is abusing or dependent on  alco-
hol or drugs, the social services district shall [require a formal alco-
hol or substance abuse assessment, which may include drug testing, to be
performed by an alcohol and/or substance abuse professional credentialed

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07289-02-3
              

A. 5528                             2

by the office of alcoholism and substance abuse services. The assessment
may  be  performed directly by the district or pursuant to contract with
the district] IMMEDIATELY DENY SUCH APPLICANT OR RECIPIENT, WHO IS  OVER
THE  AGE OF EIGHTEEN YEARS, FROM RECEIVING ANY FURTHER PUBLIC ASSISTANCE
BENEFITS.
  (c) The social services official shall refer applicants and recipients
whom it determines are presently INELIGIBLE FOR PUBLIC ASSISTANCE  BENE-
FITS  DUE  TO  A  POSITIVE  DRUG  TEST RESULT AND THUS unable to work by
reason of their need for treatment for alcohol or substance abuse [based
on the formal assessment] to a treatment program licensed  or  certified
by  the office of alcoholism and substance abuse services or operated by
the United States office of  veterans  affairs  and  determined  by  the
social  services  official to meet the rehabilitation needs of the indi-
vidual. When residential treatment is appropriate for a single custodial
parent, the social services official  shall  make  diligent  efforts  to
refer  the  parent  to  a  program that would allow the family to remain
intact for the duration of the treatment.
  (d) A person, WHO IS OVER THE AGE OF  EIGHTEEN  YEARS,  who  fails  to
participate  in the URINE DRUG TEST screening or in the assessment shall
be ineligible for public assistance. Other members of a household  which
includes  a  person  who  has  failed to participate in the screening or
assessment shall, if otherwise eligible, receive public assistance  only
through  safety net assistance if they are otherwise eligible for public
assistance.
  (e) A person referred to a treatment program pursuant to paragraph (c)
of this subdivision, and the household with  which  he  or  she  resides
shall receive safety net assistance while the person is participating in
such  treatment,  if  the  household  is  otherwise  eligible for public
assistance. [If a person referred to  treatment  cannot  participate  in
that treatment because treatment is not presently available, that person
and  the household with which he or she resides shall receive safety net
assistance if the household is otherwise  eligible  for  public  assist-
ance.]
  (f)  If  an  applicant or recipient is required, pursuant to paragraph
(c) of this subdivision, to participate in an appropriate rehabilitation
program and refuses to participate in such program without good cause or
leaves such program prior to completion  of  the  program  without  good
cause,  provided  that  program completion shall be solely determined by
the guidelines and rules of such rehabilitation program, or if an appli-
cant or recipient has been suspended from the receipt of social security
disability benefits or supplemental security income benefits  by  reason
of noncompliance with requirements of the federal social security admin-
istration for treatment for substance abuse or alcohol abuse, the person
will be disqualified from receiving public assistance [as follows:
  (i)  for  the first failure to participate in or complete the program,
until the failure ceases or for forty-five  days,  whichever  period  of
time is longer;
  (ii)  for the second such failure, until the failure ceases or for one
hundred twenty days, whichever period of time is longer; and
  (iii) for the third and subsequent failures, until the failure  ceases
or  for  one  hundred eighty days, whichever period is longer] UNTIL ALL
REQUIREMENTS ARE MET AND A NEGATIVE URINE DRUG TEST IS OBTAINED.
  Good cause shall be defined in regulations by the commissioner.
  [The household with which the person resides shall continue to receive
safety net assistance if otherwise eligible.]

A. 5528                             3

  (g) Persons disqualified from receiving public assistance pursuant  to
paragraph  (f)  of  this subdivision who would otherwise be eligible for
public assistance and who return to required treatment [prior to the end
of the disqualification period] and are receiving  residential  care  as
defined  in  paragraph  (d)  of subdivision three of section two hundred
nine of this [chapter] ARTICLE shall be eligible for safety net  assist-
ance.
  (h)  Notwithstanding any inconsistent provision of section one hundred
thirty-one-o of this [article] TITLE, if a recipient required to partic-
ipate in an appropriate treatment program pursuant to paragraph  (c)  of
this  subdivision  receives  a  personal needs allowance, such allowance
shall be made as a restricted payment to the treatment program and shall
be a conditional payment. If such recipient leaves the treatment program
prior to the completion of such program, any accumulated personal  needs
allowance  will  be considered an overpayment and returned to the social
services district which provided the personal needs allowance.
  (i) Compliance with the provisions of this subdivision  shall  not  be
required as a condition of applying for or receiving medical assistance.
  S  2.  Subdivision  3  of  section  117  of the social services law is
REPEALED.
  S 3. This act shall take effect immediately.