FIRST REGULAR SESSION
HOUSE BILL NO. 41
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SATER AND FISHER .
Pre-filed December 1, 2004 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To amend chapter 208, RSMo, by adding thereto one new section relating to drug testing of Medicaid recipients.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 208, RSMo, is amended by adding thereto one new section, to be known as section 208.148, to read as follows:
208.148. 1. Beginning January 1, 2006, the department of social services shall implement a program of random drug testing of persons who receive Medicaid assistance under this chapter.
2. The department shall confirm a recipient's positive drug test result through a different chemical process than was used in the initial drug screen and shall use a chromatographic technique such as gas chromatography-mass spectrometry or another comparable reliable analytical method.
3. A recipient who tests positive for drugs shall participate in a drug treatment program. A recipient who tests positive for drugs and who fails to participate in a drug treatment program is not eligible to receive assistance under this chapter.
4. For purposes of this section, "drug" means any substance considered unlawful under chapter 195, RSMo, or the metabolite of the substance.
5. On or before February 1, 2007, and every year thereafter that the program established in this section is in operation, the department of social services shall submit an evaluation of such program to the governor, the speaker of the house of representatives, and the president pro tem of the senate. The evaluation shall include the following:
(1) The number of individuals tested, the drug tested for, the results of the testing, and the number of referrals for treatment;
(2) The cost of the testing and the resulting treatment;
(3) The number of recipients who tested positive for drugs and who were denied assistance for failure to comply with a drug treatment program.
6. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset.