Drug Testing of Temporary Cash Assistance Applicants Implementation date July 1, 2011
Objectives Identify: law that establishes drug testing policy drug testing target group drug testing process/procedures system procedures
Drug Testing Introduction Section 414.0652, F. S. requires drug testing as a condition of eligibility for TCA adult applicants Drug testing does not apply to: Food Assistance or Medicaid Programs Refugee Cash Assistance (RAP) Program Relative caregiver applicant Pregnant women with no children Children under 18 Minor teen parent applicants residing with a parent, legal guardian or other caretaker relative Caretaker Relative (child only case) Technically ineligible household members (ex. ineligible noncitizens, SSI recipients, etc.) Applicants approved for a diversion payment (Up-front or Relocation) Individuals added to an existing TCA case (ex. other parent moves into home) The drug testing policy is effective July 1, 2011
Individuals Subject to Drug Testing TCA parent applicants (both parents for two parent cases) included in the cash assistance group Caretaker relative applicants included in the cash assistance group Minor teen parent applicants not residing with a parent, legal guardian or other caretaker relative These individuals must meet all other factors of eligibility before drug testing.
Individuals Subject to Drug Testing (Key Point) These individuals must meet all other factors of eligibility before drug testing.
Drug Testing Applicant Information Applicants notified of drug testing: Requirements ( Drug Testing Information Acknowledgement and Consent Release CF-ES 2361) Drug testing sites http://www.dcf.state.fl.us/programs/samh/substanceabuse/drugt estsites.shtml Licensed substance abuse treatment centers http://dasis3.samhsa.gov/prxlnput.aspx?state=florida Applicants: Are responsible for the cost Who test negative will have their first month s benefits increased by the amount paid for the drug test(s) Authorize the release of the test results to ACCESS
Drug Testing Information Acknowledgement and Consent Release CF-ES 2361
Drug Testing Process Drug testing may involve a three step process: 1. Initial screening 2. Confirmatory test 3. Medical Review Officer Initial screening if initial screening test shows no drugs present, no further testing is required. Results are reported to ACCESS.
Drug Testing Process Confirmatory test if initial screening test shows drugs present, the applicant may choose to have a confirmatory test to rule out a false positive. If applicant has the confirmation test: results of test are reported to ACCESS. If results of the confirmation test are positive. ACCESS will be notified of the specific drug(s) that are present. If applicant does not choose to have the confirmation test: results of the initial screening test are reported to ACCESS.
Drug Testing Process Medical Review Officer (MRO) if the confirmation test shows drug(s) present, the MRO will review and verify if the use of the drug(s) is legitimate or not. The results of the MRO findings will be communicated to ACCESS.
Drug Testing Results Negative test results: Applicants who test negative will have TCA benefits approved if all other factors of eligibility are met Applicants who test negative will have their first month s benefits increased by the amount paid for the drug test(s) via an auxiliary (aux code 971)
Drug Testing Results Positive test results: Applicants who test positive are ineligible for TCA. one year from the date of the first positive test(s) (AOIE 209) three years from the date of the second positive test(s) (AOIE 211) Information on a positive test will be shared with the Florida Abuse Hotline for review to initiate an assessment or an offer of services. Florida Abuse Hotline Controlled Substance Referral CF-ES 2363
Florida Abuse Hotline Controlled Substance Referral CF-ES 2363
Drug Testing Results Positive test results: Applicants may use a one time exemption from the one or three year ineligibility period allowing reapplication for TCA after six months upon providing proof of successful completion of a substance abuse program and negative drug test results
Drug Testing Results Applicants who test positive may designate a protective payee. The payee must submit to drug testing. The payee must be an immediate family member, or If no family member available, another individual may be designated. The payee must sign the Protective Payee and Drug Testing Agreement Applicant must sign and return the agreement
Protective Payee and Drug Testing Agreement
Drug Testing Results Applicants who test positive and do not designate a protective payee will have TCA application denied. Applicants who do not take the drug test will have the TCA application denied. In two parent cases: one parent tests positive, the other parent becomes payee both parents test positive, designate payee
Additional Drug Testing Guidance TCA disqualification for drug test failure has no impact on eligibility for Food Assistance or Medicaid Food Assistance Riverside policy does not apply to TCA drug test failure Caretaker relatives whose needs are included must opt out prior to drug testing to avoid potential penalty Disqualified parents and caregivers are considered Financial Adults in the TCA standard filing unit
Additional Drug Testing Guidance All months of TCA for children with a protective payee will count toward the parents 48 month lifetime limit, excluding the initial prorated benefit and auxiliary payment
Implementation Procedures Applicants applying for TCA July 1, 2011 Web Applications: TCA applicants receive and acknowledge consent form. Paper Applications: Consent form discussed at interview and mailed with any other pending information to be signed and returned. *NOTE: the consent form must be specifically requested on the pending letter.
Processing Procedures Pend applicants for information to determine potential eligibility for TCA on all factors, except drug testing. If applicant fails to return information, or verification provided indicates ineligibility, deny the TCA application.
Processing Procedures If all required information is provided and applicant appears TCA eligible: Pend for proof of completed drug test, cost of test, and include the web link of approved local drug testing sites in the letter. 10 days to complete and provide proof of test. staff must keep case pending for tests results, if proof of test completion is provided from the customer.
Processing Procedures If applicant tests negative: Authorize TCA for all eligible members AWAA 040 and any other appropriate codes Approve auxiliary to cover cost of drug test(s) (code 971) If applicant chooses not to take drug test or fails to provide proof of drug test: Deny TCA AWAA 207
Processing Procedures If applicant tests positive for drugs: Notice applicant of positive drug test Provide 10 day pending period for applicant to designate protective payee, Return Protective Payee and Drug Testing Agreement, signed by both parties, and Provide proof protective payee has completed test and cost of test Notify applicant of local Substance Abuse Treatment Center locator link http://dasis3.samhsa.gov/prxlnput.aspx?state=florida Complete the Florida Abuse Hotline Controlled Substance Referral CF-ES 2363 and e-mail or fax to the hotline
How to Complete the Florida Abuse Hotline Controlled Substance Referral CF-ES 2363
How to Complete the Florida Abuse Hotline Controlled Substance Referral CF-ES 2363
Processing Procedures Deny TCA Application: If applicant fails to designate protective payee Sanction applicant and deny cash First time: AOIE 209, AWAA 208 and 209 Second time: AOIE 211, AWAA 208 and 211 If applicant fails to provide proof the protective payee completed the test within 10 days If the protective payee tested positive NOTE: 60-day rule can be applied when TCA is denied and the customer provides verification that the drug test was completed within the original 10 day pending period.
Processing Procedures If protective payee tests negative for drugs: Sanction applicant for TCA: First time: AOIE 209 Second time: AOIE 211 Complete AGBI and AGAR Authorize TCA for children: AWAA 040 and 209 (applicants first disqualification) 211 ( applicants second disqualification) Issue auxiliary to increase the benefit payment by the amount paid for protective payee drug test(s). (code 971) Do not increase the benefit for the applicants failed test(s)
Disqualification Individuals using One-Time Exemption Review FLORIDA screens to if six months have passed from the date of the failed drug test. If six months not passed deny If six months have passed Pend for verification of successful completion of treatment program Verification received pend for new drug test Test negative remove sanction and authorize cash but not cost of test if the individual is being added to a current benefit Test positive deny Verification not received deny Note on CLRC that the One-Time exemption had been used with this request
Disqualification Individuals reapplying after disqualification period served Sanctioned individual must take and pass a drug test If Negative: approve TCA If Positive: apply appropriate disqualification policy Notate CLRC appropriately
FLORIDA Reason Codes New FLORIDA codes for drug testing AWAA codes: 207 no proof of completed drug test 208 no appropriate payee designated for children 209 member ineligible for TCA for one year due to positive drug test 211 member ineligible for TCA for three years due to positive drug test Auxiliary code: 971 refund for drug test AOIE codes: 209 failed drug test; one year ineligibility 211 failed drug test; three year ineligibility
Use of Drug Testing Codes Individuals who pass the drug test authorize cash assistance using code 040 process auxiliary for drug test fee using code 971 Individuals who don t provide proof of taking drug test deny cash assistance using code 207 Individuals who fail drug test the first time If protective payee designated: sanction applicant for cash only using code 209 complete protective payee information as appropriate authorize cash using codes 040 and 209 process auxiliary for protective payee s test fee using code 971
Use of Codes Continued If protective payee not designated: sanction the applicant for cash only using code 209 deny the cash assistance using codes 209 and 208 Individuals who fail drug test the second time If protective payee designated: sanction applicant for cash only using code 211 complete protective payee information as appropriate authorize cash using codes 040 and 211 process auxiliary for protective payee s test fee using code 971 If protective payee not designated: sanction the applicant for cash only using code 211 deny cash assistance using codes 211 and 208
Reminders Properly document CLRC in all cases Use correct AWAA and AOIE codes Use correct auxiliary code Do not pend applicants for the drug test until they meet all other factors of eligibility
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