S T A T E O F N E W Y O R K
________________________________________________________________________
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.