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H. B. No. 595 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To enact section 5111.0119 of the Revised Code to
require the Director of Job and Family Services to
seek federal approval to establish an alcohol and
controlled substance testing and treatment
component of the Medicaid program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5111.0119 of the Revised Code be
enacted to read as follows:
Sec. 5111.0119. (A) As used in this section:
(1) "Alcohol problem" means that an individual is determined
by a chemical test to have an alcohol concentration level equal to
or in excess of the levels established in divisions (A)(1)(b) to
(i) of section 4511.19 of the Revised Code.
(2)(a) Except as provided in division (A)(2)(b) of this
section, "controlled substance problem" means that an individual
is determined by a chemical test to have a concentration of any of
the controlled substances specified in division (A)(1)(j) of
section 4511.19 of the Revised Code, or metabolites of such a
controlled substance, in the individual's whole blood, blood serum
or plasma, or urine that equals or exceeds any of the applicable
levels established in that division.
(b) An individual shall not be determined to have a
controlled substance problem if the individual obtained the
controlled substance pursuant to a prescription issued by a
licensed health professional authorized to prescribe drugs and the
individual injected, ingested, or inhaled the controlled substance
in accordance with the health professional's directions.
(3) "Licensed health professional authorized to prescribe
drugs" and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(B) Not later than one hundred eighty days after the
effective date of this section, the director of job and family
services shall apply to the United States secretary of health and
human services for a federal waiver authorizing the director to
establish an alcohol and controlled substance testing and
treatment component of the medicaid program. The director shall
implement the component on receipt of the federal waiver. The
component shall do all of the following:
(1) Require each medicaid recipient eighteen years of age or
older to undergo random chemical tests to determine whether the
recipient has an alcohol problem, controlled substance problem, or
both, unless the recipient qualifies for medicaid on the basis of
being aged, blind, or disabled;
(2) Order each medicaid recipient determined pursuant to a
chemical test conducted under division (B)(1) of this section to
have an alcohol problem, controlled substance problem, or both to
complete a treatment program for the problem the recipient is
determined to have;
(3) Terminate a medicaid recipient's eligibility for medicaid
for six months each time any of the following apply:
(a) The recipient fails to undergo or otherwise cooperate
with a chemical test under division (B)(1) of this section to
determine whether the recipient has an alcohol problem, controlled
substance problem, or both;
(b) The recipient, after being determined pursuant to a
chemical test conducted under division (B)(1) of this section to
have an alcohol problem, controlled substance problem, or both,
fails to complete the treatment program the recipient is ordered
to complete;
(c) The recipient is determined to have an alcohol problem,
controlled substance problem, or both, a second or further time by
a chemical test conducted under division (B)(1) of this section
any time after the recipient is initially determined pursuant to a
chemical test conducted under division (B)(1) of this section to
have an alcohol problem, controlled substance problem, or both.
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