S T A T E O F N E W Y O R K
________________________________________________________________________
5327
2021-2022 Regular Sessions
I N A S S E M B L Y
February 12, 2021
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Social Services
AN ACT to amend the social services law, in relation to people receiving
public assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 131 of the social services law is amended by adding
a new subdivision 9-a to read as follows:
9-A. A. UPON DETERMINING THAT A PERSON IS ELIGIBLE FOR ANY FORM OR
CATEGORY OF PUBLIC ASSISTANCE AND PRIOR TO MAKING ANY DISTRIBUTION TO
SUCH PERSON, THE SOCIAL SERVICES OFFICIAL SHALL REQUIRE THE PERSON SEEK-
ING ASSISTANCE TO SUBMIT TO A DRUG TEST. THE COMMISSIONER OF HEALTH
SHALL ESTABLISH RULES AND REGULATIONS REGARDING THE METHOD OF TESTING,
THE FREQUENCY OF TESTING, THE SUBSTANCES FOR WHICH TO BE TESTED, AND
WHAT CONSTITUTES FAILING SUCH DRUG TEST. IF A PERSON FAILS THE DRUG
TEST, HE OR SHE SHALL ENROLL IN A DRUG REHABILITATION PROGRAM CERTIFIED
BY THE COMMISSIONER OF HEALTH. SUCH PERSON SHALL NOT BE ELIGIBLE TO
RECEIVE ANY ASSISTANCE UNDER THIS CHAPTER IF HE OR SHE FAILS TO ENROLL
AND ACTIVELY PARTICIPATE IN THE REHABILITATION PROGRAM.
B. ANY HEALTH CARE PROFESSIONAL, LAW ENFORCEMENT AGENCY OR COURT SHALL
REPORT SUBSTANCE ABUSE INFORMATION OF PERSONS ELIGIBLE FOR ANY FORM OR
CATEGORY OF PUBLIC ASSISTANCE TO THE COMMISSIONER. THE COMMISSIONER
SHALL LAUNCH AN INVESTIGATION INTO AND WITHHOLD PUBLIC ASSISTANCE FROM
ANY PERSON REPORTED UNDER THIS PARAGRAPH AND HAVE SUCH PERSON PLACED
INTO A SUBSTANCE ABUSE REHABILITATION FACILITY OR ANOTHER PROGRAM TO END
THE DRUG ABUSE.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09162-01-1