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 Amendment CA_A_H476 (House)
Amends: 22 MRSA §3762

COMMITTEE AMENDMENT ,/1,, to H.P. 1111, L.D. 1615, Bill, "An Act To 
Facilitate Substance Abuse Treatment for Certain Applicants for and Recipients of 
Temporary Assistance for Needy Families Benefits" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and insetting the following: 
'Sec. 1. 22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
repealed. 
Sec. 2. 22 MRSA §3762, sub-§§21 and 22 are enacted to read: 
21. Denial of assistance to applicants based on positive drug test. An applicant 
for T ANF assistance may be denied T ANF assistance as described in this subsection 
except that eligible children in the applicant's household may not be denied TANF 
assistance as long as a protective payee, as approved by the commissioner or the 
commissioner's designee, is named to administer TANF assistance on behalf of the 
eligible children in the household. 
A. The department shall require an applicant for TANF assistance to complete a 
written screening tool to determine the applicant's likelihood of substance use at the 
time of the application. 
B. If the result of a written screening tool completed by an applicant under paragraph 
A creates a reasonable suspicion by the department that the applicant is using a drug 
illegal under state law or abusing a controlled substance, then: 
(1) 
The applicant's TANF assistance 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; 
COMMITTEE AMENDMENT 
\~·· 
COMMITIEE AMENDMENT ".ff' to H.P. 1111, L.D. 1615 
(2) The applicant is entitled to a fair hearing regarding the denial of T ANF 
assistance; and 
(3) If the applicant requests a fair hearing, the applicant shall submit to a drug 
test. 
C. The results of the drug test under paragraph B, subparagraph (3) must be available 
prior to the fair hearing, if practicable. The applicant shall cooperate in a timely 
manner in submitting to the drug test. If the drug test confinns that the applicant is 
using an illegal drug or abusing a controlled substance, the applicant may avoid 
denial of T ANF assistance by enrolling in a substance abuse treatment program 
appropriate to the type of illegal drug being used or the controlled substance being 
abused by that applicant, as described in paragraph B, subparagraph (1). 
D. If the department determines that, for good cause, an applicant is unable to enroll 
in a substance abuse program as required by paragraph C, the applicant remains 
eligible for T ANF assistance until such time that the department determines that the 
applicant is able to enroll in a substance abuse treatment program. 
E. The department shall deny T ANF assistance to an applicant who fails to request a 
fair hearing and submit to a drug test as described in paragraph B or who fails to 
participate in a substance abuse treatment program as required pursuant to paragraph 
CorD. 
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. 
22. Denial of assistance to recipients based on conviction or positive drug test. 
A recipient of T ANF assistance may have TANF assistance terminated as described in 
this subsection except that eligible children in the recipient's household continue to 
receive T ANF assistance as long as a protective payee, as approved by the commissioner 
or the commissioner's designee, is named to administer TANF assistance on behalf of the 
eligible children in the household. 
A. 
The department shall require a recipient of T ANF assistance who has been 
convicted of a drug-related felony, as described in Section 115 of PRWORA, within 
years of the recipient's date of conviction, to complete a written screening tool to 
deteimine the recipient's likelihood of substance use at the time of the screening. A 
recipient of T ANF assistance convicted under federal or state law on or after October 
1, 2017 of any offense that involves as an element of the offense the manufacture, 
cultivation, distribution, possession or use of a controlled substance as defined in 
Section 102( 6) of the federal Controlled Substances Act, 21 United States Code, 
Section 802(6) or controlled substance analogue as defined in Section 102(32) of the 
federal Controlled Substances Act, 21 United States Code, Section 802(32)(A) is 
subject to the requirements of paragraph B, subparagraph (1). 
B. If the result of a written screening tool completed by a recipient under paragraph 
A creates a reasonable suspicion by the depattment that the recipient is using a drug 
illegal under state law or abusing a controlled substance, then: 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT ,fr, to H.P. 1111, L.D. 1615 
(1) The recipient's TANF assistance must be terminated unless the recipient 
enrolls in a substance abuse treatment program appropriate to the type of illegal 
drug being used or the controlled substance being abused by that recipient. The 
department shall identify and approve an appropriate program and pay for the 
substance abuse treatment program with available TANF program funds; 
(2) The recipient is entitled to a fair hearing regarding the denial of TANF 
assistance; and 
(3) If the recipient requests a fair hearing, the recipient shall submit to a drug 
test. 
C. The results of the drug test under paragraph B, subparagraph (3) must be available 
prior to the fair hearing, if practicable. The recipient shall cooperate in a timely 
manner in submitting to the drug test. If the drug test confirms that the recipient is 
using an illegal drng or abusing a controlled substance, the recipient may avoid 
termination of TANF assistance by emolling in a substance abuse treatment program 
appropriate to the type of illegal drug being used or the controlled substance being 
abused by that recipient, as described in paragraph B, subparagraph (1 ). 
D. If the department determines that, for good cause, a recipient is unable to enroll in 
a substance abuse program as required by paragraph C, the recipient remains eligible 
for TANF assistance until such time that the department determines that the recipient 
is able to enroll in a substance abuse treatment program. 
E. 
The depatiment shall terminate TANF assistance to a recipient who fails to 
request a fair hearing and submit to a 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. 
The depatiment 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. 
Appropriations and allocations. The following appropriations and allocations 
are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Temporary Assistance for Needy Families 0138 
Initiative: Provides allocations for the written screening tool utilized for the 
comprehensive substance abuse screening. 
FEDERAL BLOCK GRANT FUND 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
Temporary Assistance for Needy Families 0138 
2017-18 
$17,794 
$17,794 
COMMITTEE AMENDMENT 
2018-19 
$17,794 
$17,794 
t}. 
COMMI'ITEE AMENDMENT""' to H.P. 1111, L.D. 1615 
Initiative: Provides allocations for 3 Senior Planner positions to conduct and score the 
comprehensive substance abuse screening, schedule drug tests and make referrals to 
treatment programs. 
FEDERAL BLOCK GRANT FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
FEDERAL BLOCK GRANT FUND TOT AL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
2017-18 
3.000 
$242,363 
$28,172 
$270,535 
2017-18 
$288,329 
$288,329 
2018-19 
3.000 
$250,599 
$28,446 
$279,045 
2018-19 
$296,839 
$296,839 
This amendment, which is the minority report of the committee, replaces the bill. It 
repeals the provision of law allowing the Department of Health and Human Services to 
determine reasonable suspicion of illegal drug use or controlled substance abuse by 
recipients of Temporary Assistance for Needy Families, or TANF, assistance by means 
other than through the use of a written screening tool. It applies the procedures for 
applicants contained in the bill to current recipients of TANF assistance with felony drug 
convictions in the last 20 years. It requires a recipient of TANF assistance who is 
convicted of a drug conviction of any kind after October 1, 2017 to be enrolled in a 
substance abuse treatment program in order to retain TANF assistance. The amendment 
also clarifies that denial of assistance applies only to an adult and not to the eligible 
children in the adult's household. This amendment adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/17 feac 
LD 1615 
LR 2326(02) 
An Act To Facilitate Substance Abuse Treatment for Certain Applicants for and Recipients of 
Temporary Assistance for Needy Families Benefits 
Fiscal Note for Bill as Amended by Committee Amendment ,/l{f/ ·l/'70 / 
Committee: Health and Human Services 
Appropriations/Allocations 
Federal Block Grant Fund 
Revenue 
Federal Block Grant Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$288,329 
$296,839 
$288,328 
$296,839 
Projections 
FY 2019-20 
$305,959 
$305,959 
Projections 
FY 2020-21 
$315,860 
$315,860 
The bill includes Federal Block Grant allocations to the Department of Health and Human Services (DHHS) of 
$288,329 in fiscal year 2017-18 and $296,83 9 in fiscal year 2018-19 for the written screening tool utilized for the 
comprehensive substance abuse screening and for 3 Senior Planner positions to conduct and score the comprehensive 
substance abuse screening, schedule drug tests and make referrals to treatment programs. 
There could be potential increases in MaineCare costs or DHHS Substance Abuse treatment contracts due to 
increased enrollment in treatment programs if more individuals enter the program due to this policy change. There is 
not enough information cu1Tently known about this impact and this fiscal note does not include an estimate of any of 
these potential costs. 
LR2326(02) - Fiscal Note - Page 1 of 1