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| To enact section 5111.0119 of the Revised Code to | 1 |
| require the Director of Job and Family Services to | 2 |
| seek federal approval to establish an alcohol and | 3 |
| controlled substance testing and treatment | 4 |
| component of the Medicaid program. | 5 |
| Section 1. That section 5111.0119 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 5111.0119. (A) As used in this section: | 8 |
| (1) "Alcohol problem" means that an individual is determined | 9 |
| by a chemical test to have an alcohol concentration level equal to | 10 |
| or in excess of the levels established in divisions (A)(1)(b) to | 11 |
| (i) of section 4511.19 of the Revised Code. | 12 |
| (2)(a) Except as provided in division (A)(2)(b) of this | 13 |
| section, "controlled substance problem" means that an individual | 14 |
| is determined by a chemical test to have a concentration of any of | 15 |
| the controlled substances specified in division (A)(1)(j) of | 16 |
| section 4511.19 of the Revised Code, or metabolites of such a | 17 |
| controlled substance, in the individual's whole blood, blood serum | 18 |
| or plasma, or urine that equals or exceeds any of the applicable | 19 |
| levels established in that division. | 20 |
| (b) An individual shall not be determined to have a | 21 |
| controlled substance problem if the individual obtained the | 22 |
| controlled substance pursuant to a prescription issued by a | 23 |
| licensed health professional authorized to prescribe drugs and the | 24 |
| individual injected, ingested, or inhaled the controlled substance | 25 |
| in accordance with the health professional's directions. | 26 |
| (3) "Licensed health professional authorized to prescribe | 27 |
| drugs" and "prescription" have the same meanings as in section | 28 |
| 4729.01 of the Revised Code. | 29 |
| (B) Not later than one hundred eighty days after the | 30 |
| effective date of this section, the director of job and family | 31 |
| services shall apply to the United States secretary of health and | 32 |
| human services for a federal waiver authorizing the director to | 33 |
| establish an alcohol and controlled substance testing and | 34 |
| treatment component of the medicaid program. The director shall | 35 |
| implement the component on receipt of the federal waiver. The | 36 |
| component shall do all of the following: | 37 |
| (1) Require each medicaid recipient eighteen years of age or | 38 |
| older to undergo random chemical tests to determine whether the | 39 |
| recipient has an alcohol problem, controlled substance problem, or | 40 |
| both, unless the recipient qualifies for medicaid on the basis of | 41 |
| being aged, blind, or disabled; | 42 |
| (2) Order each medicaid recipient determined pursuant to a | 43 |
| chemical test conducted under division (B)(1) of this section to | 44 |
| have an alcohol problem, controlled substance problem, or both to | 45 |
| complete a treatment program for the problem the recipient is | 46 |
| determined to have; | 47 |
| (3) Terminate a medicaid recipient's eligibility for medicaid | 48 |
| for six months each time any of the following apply: | 49 |
| (a) The recipient fails to undergo or otherwise cooperate | 50 |
| with a chemical test under division (B)(1) of this section to | 51 |
| determine whether the recipient has an alcohol problem, controlled | 52 |
| substance problem, or both; | 53 |
| (b) The recipient, after being determined pursuant to a | 54 |
| chemical test conducted under division (B)(1) of this section to | 55 |
| have an alcohol problem, controlled substance problem, or both, | 56 |
| fails to complete the treatment program the recipient is ordered | 57 |
| to complete; | 58 |
| (c) The recipient is determined to have an alcohol problem, | 59 |
| controlled substance problem, or both, a second or further time by | 60 |
| a chemical test conducted under division (B)(1) of this section | 61 |
| any time after the recipient is initially determined pursuant to a | 62 |
| chemical test conducted under division (B)(1) of this section to | 63 |
| have an alcohol problem, controlled substance problem, or both. | 64 |