An Act To Facilitate Substance Abuse Treatment for Certain Applicants for and Recipients of Temporary Assistance for Needy Families Benefits
Maine Legislature, Session 128, LD 1615
Committee: Health and Human Services
Sponsors: SANDERSON, GERRISH, GROHMAN, MALABY, O'CONNOR, PIERCE, STROM
Amends: 22 MRSA §3762

Legislative Document
No. 1615
H.P. 1111
House of Representatives, May 18, 2017
An Act To Facilitate Substance Abuse Treatment for Certain 
Applicants for and Recipients of Temporary Assistance for Needy 
Families Benefits
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SANDERSON of Chelsea.  (GOVERNOR'S BILL)
Cosponsored by Representatives: GERRISH of Lebanon, GROHMAN of Biddeford, 
MALABY of Hancock, O'CONNOR of Berwick, PIERCE of Dresden, STROM of Pittsfield.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
amended to read: 
20.  Denial of assistance based on positive drug test.  A An applicant for or a 
recipient of TANF assistance may be denied TANF assistance as described in this 
subsection. 
A.  The department may administer a drug test to a recipient of TANF assistance who 
has been convicted of a drug-related felony, as described in Section 115 of 
PRWORA, within 20 years of that person's date of conviction shall require an 
applicant for TANF assistance to complete a written screening tool to determine the 
applicant's likelihood of current substance use. 
B.  If a person the result of a written screening tool completed by an applicant under 
paragraph A tests positive for an illegal drug, the department shall notify that person 
that or other factors create a reasonable suspicion by the department that the applicant 
is using an illegal drug or abusing a controlled substance, then: 
(1)  The person's applicant's TANF assistance is subject to termination 
application must be denied unless the applicant enrolls in a substance abuse 
treatment program appropriate to the type of illegal drug being used or the 
controlled substance being abused by that applicant. The department shall 
identify and approve an appropriate program and pay for the substance abuse 
treatment program with available TANF program funds; 
(2)  The person applicant is entitled to a fair hearing regarding the termination 
denial of TANF assistance; and 
(3)  If the person applicant requests a fair hearing, the person applicant shall 
submit to a 2nd drug test to verify the results of the first drug test. 
C.  The results of the 2nd drug test must be available prior to the fair hearing, if 
practicable.  The person applicant shall cooperate in a timely manner in submitting to 
the 2nd drug test.  If the 2nd drug test confirms that the person applicant is using an 
illegal drug or abusing a controlled substance, the person applicant may avoid 
termination denial of TANF assistance by enrolling in a substance abuse treatment 
program appropriate to the type of illegal drug being used or the controlled substance 
being used abused by that person applicant, as described in paragraph B, 
subparagraph (1). 
D.  If the department determines that, for good cause, a person an applicant is unable 
to enroll in a substance abuse program as required by paragraph C, the person 
applicant remains eligible for TANF assistance until such time that the department 
determines that the person applicant is able to enroll in a substance abuse treatment 
program. 
E.  The department shall terminate deny TANF assistance to a person an applicant 
who fails to request a fair hearing and submit to a 2nd drug test as described in 
paragraph B or who fails to participate in a substance abuse treatment program as 
required pursuant to paragraph C or D. 
F.  If the department has a reasonable suspicion that a recipient of TANF assistance is 
using an illegal drug or abusing a controlled substance, the department may require 
the recipient to complete a written screening tool to determine the recipient's 
likelihood of current substance use.  If the result of the written screening tool 
confirms that reasonable suspicion, the provisions of paragraphs B to E apply as if the 
recipient were an applicant. 
The department shall adopt routine technical rules, as defined in Title 5, chapter 375, 
subchapter 2-A, to implement the provisions of this subsection, including determining 
what constitutes "good cause" under paragraph D. 
SUMMARY 
This bill requires an applicant for Temporary Assistance for Needy Families, or 
TANF, benefits to complete a written screening tool to determine the applicant's 
likelihood of current substance use.  This bill also allows the Department of Health and 
Human Services, if it has a reasonable suspicion that a recipient of TANF benefits is 
using an illegal drug or abusing a controlled substance, to require the recipient to 
complete a written screening tool to determine the TANF recipient's likelihood of 
substance use. 
If the results of the screening tool or other factors provide the department with a 
reasonable suspicion that the applicant or recipient is using an illegal drug or abusing a 
controlled substance, the department must identify and pay for an appropriate substance 
abuse treatment program for the applicant or recipient as a condition of obtaining or 
receiving benefits. 
If the applicant or recipient refuses to enroll in a treatment program, the applicant or 
recipient may appeal the denial of benefits but is subject to a drug test.  If the applicant or 
recipient fails the drug test and is unsuccessful with the appeal, the applicant or recipient 
may still enroll in substance abuse treatment as a condition of obtaining or receiving 
benefits.