HB 484-FN – AS INTRODUCED
2011 SESSION
05/01
HOUSE BILL 484-FN
AN ACT requiring random drug testing of food stamp program participants.
SPONSORS: Rep. Summers, Hills 26; Rep. Silva, Hills 26; Rep. LeBrun, Hills 26; Rep. Ohm, Hills 26; Rep. M. Reed, Hills 26; Rep. Whitehead, Hills 26
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires random drug testing of food stamp program participants.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0629
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring random drug testing of food stamp program participants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Food Stamp Program; Random Drug Testing Program. Amend RSA 161 by inserting after section 10 the following new section:
161:11 Food Stamp Program Eligibility; Random Drug Testing Required.
I. To the extent permitted by the Food Stamp Act of 1977, as amended, and federal regulations adopted thereunder, the commissioner of the department of health and human services shall institute a random drug testing program for all applicants for, or recipients of, the food stamp program.
II. The commissioner shall deny, or otherwise deem ineligible, any applicant for, or recipient of, food stamps if the applicant or recipient twice fails a drug test for illegal consumption of any illegal drugs/controlled substances or prescription drugs not prescribed by his or her doctor.
III. Any applicant or recipient of food stamps shall submit to the commissioner’s random drug testing program as a requirement for eligibility or continued receipt of such assistance. Failure to comply shall be the same as twice failing a drug test.
IV. Any applicant or recipient of food stamps who fails an initial drug test shall be required to submit to a second drug test no less than 30 days and no more than 60 days from the initial drug test. The commissioner shall not deny, or otherwise deem ineligible, any applicant or recipient until the failure of the second drug test.
V. Any applicant or recipient of food stamps denied, or otherwise deemed ineligible, by the commissioner following a failure of an initial random drug test and the mandatory secondary test shall be ineligible to receive, or prohibited from reapplying for, such benefits for a period of 2 years from the date that the commissioner denied an applicant’s claim or determined the applicant to be ineligible. Any applicant denied or deemed to be ineligible under this section shall submit to a mandatory drug test as part of a reapplication for food stamps.
VI. The commissioner shall be responsible for ensuring that applicants and recipients chosen for drug testing are selected at random, and not by any other criteria, including, but not limited to, suspicion of drug use, previous drug use, or criminal conviction for drug use or possession.
VII. The commissioner shall be responsible for ensuring the confidentiality of any and all drug test results administered as part of the program. Random drug test results shall only be used for the purpose of denying, or determining eligibility for continued receipt of, public assistance in the form of welfare or food stamps or both. At no time shall drug test results be released to any public or private person or entity.
VIII. Urine tests may be taken at local district offices by using instant testing devices that are approved by the Food and Drug Administration and comply with the Health Insurance Portability and Accountability Act to ensure the protection of the privacy of individually identifiable health information is protected. The commissioner shall take all reasonable steps to keep the cost of testing to a minimum. The commissioner shall establish a system to maintain test results of applicants for up to 2 years on each applicant that has tested positive.
IX. The commissioner shall adopt rules, under RSA 541-A, relative to the implementation and administration of the random drug testing program.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0629
Revised 01/31/11
HB 484 FISCAL NOTE
AN ACT requiring random drug testing of food stamp program participants.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will increase state expenditures by an indeterminable amount in FY 2012 and in each year thereafter. There may be an indeterminable increase in local expenditures. There will be no fiscal impact on state, county or local revenue, or county expenditures.
METHODOLOGY:
The Department states this bill would require random drug testing for applicants and recipients of food stamps under the Supplemental Nutrition Assistance Program (SNAP). Individuals failing a drug test twice would not be eligible for assistance for two years and failure to comply will be treated as twice failing a drug test. The Department indicated that there are federal prohibitions against mandatory drug testing for SNAP. The Department made the following assumptions that would apply in the event that the federal restriction on Drug testing was lifted:
• All applicants and recipients of food stamps, regardless of age, will be subject to random mandatory drug testing.
• It is assumed that testing would be for “illicit drugs” as defined by the Substance Abuse and Mental Health Services Administration (SAMHSA). This includes marijuana, hashish, cocaine, crack, heroin, hallucinogens, inhalants, and prescription-type psychotherapeutics, pain relievers, tranquilizers, stimulants and sedatives used non-medically.
• Based on information from the Center for Law and Social Policy, the cost per test administered would be between $35 and $75. The Department assumes $55 per test.
• There are currently 53,426 households and 112,293 individuals receiving food stamps in New Hampshire. The Department assumed 10% of all recipients would be tested monthly. The result would be between 5,343 (caseheads only) and 11,229 (including minor children) tests administered. The cost would be between $293,865 and $617,595 per month or between $3,526,380 and $7,411,140 annually.
• Based on a drug testing program for Temporary Aid to Needy Families (TANF) clients in Michigan, 10% of the recipients tested positive for illicit drugs. This was consistent with Michigan’s general population.
• According to SAMHSA, 8.3 percent of New Hampshire’s general population aged 12 or older have used drugs in the past month. The Department assumed 8.3% of the tested recipients would also test positive therefore between 443 and 932 would require a second test at a cost of between $24,365 and $51,260 each month or between $292,380 and $615,120 per year.
• There would be no savings to the state for individuals determined ineligible as food stamps are a federal benefit administered by the state.
• Travel and child care reimbursement would be required for some individuals as they will be required to come to the district office to provide a urine sample. This amount is not known.
• Modifications to district office space will be needed to accommodate the collection of test samples and additional staff and training would be needed to administer the tests. This amount is not known.
• One-time cost would be incurred for modifications to the New HEIGHTS eligibility management system. This amount is not known.
There may be an increase in local expenditures as individuals no longer receiving food stamps may rely on local assistance.