MEMORANDUM

DISCUSSION:

Section 208.027 Revised Statutes of Missouri (RSMo) requires Temporary Assistance (TA) applicants and participants to submit to a screening for illegal use of a controlled substance. If the screening provides reasonable suspicion, then a drug test must be completed.

The Family Support Division (FSD) filed the following regulations with the Secretary of State outlining the process for implementing Section 208.027 RSMo:

• 13 CSR 40-2.400 Definitions
• 13 CSR 40-2.410 Screening
• 13 CSR 40-2.420 Testing
• 13 CSR 40-2.430 Treatment
• 13 CSR 40-2.440 Hearing
• 13 CSR 40-2.450 Protective Payee

Beginning March 4, 2013, all applicants and participants for Temporary Assistance (TA) benefits who are age eighteen (18) or older and are the head of household will complete a screening for illegal use of a controlled substance. The applicant must be age 18 on the date of application.

The Temporary Assistance section of the Income Maintenance Manual has been updated to add Sections 0240.000.00 through 0240.030.05.05, outlining the policy and procedures for Section 208.027 RSMo.

This memorandum addresses the following:

• FAMIS CHANGES
• TA DRUG SCREENING QUESTION
• TA DRUG TEST WAIVER
• SELECT TA DRUG TESTING REFERRAL
• SELECT TA DRUG TREATMENT FACILITY
• SELECT HWY PATROL MATCH
• HEARING TRACKING
• SANCTION/DISQUALIFICATION
• REPRESENTATIVE LIST
• MANUAL UPDATES
• FORMS MANUAL REVISION
• FAMIS USER GUIDES
• TRAINING

FAMIS CHANGES

There are several new screens and changes to some existing screens in FAMIS to track and store the results of the screening, testing and treatment processes. These FAMIS screens require very little manual entry.

The new screens are:

• TA DRUG SCREENING QUESTION (TADRUG/FMN0)
• TA DRUG TEST WAIVER (DRTWAIV/FMN4)
• SELECT TA DRUG TESTING REFERRAL (SELDTREF/FMN2)
• SELECT TA DRUG TREATMENT FACILITY (SELREF/FMN7)
• SELECT HWY PATROL MATCH (HWYPAT/FMN9)

Existing screens that have been enhanced are as follows:

• HEARING TRACKING (HEARING/FM6U)
• SANCTION/DISQUALIFICATION (SANDISQ/FMAM)
• REPRESENTATIVE LIST (AUTHREP/FMJ1)
• REPRESENTATIVE DETAIL (FMJG)

TA DRUG SCREENING QUESTION (TADRUG/FMN0)

Individuals required to complete the screening must cooperate with the screening in order to receive or continue to receive Temporary Assistance (TA). The screening determines if an individual applying for or receiving TA benefits must be referred for a drug test.

When completing a TA application, the TA Drug Screening Question (TADRUG/FMN0) screen displays during the controlled flow with the following question:

• Missouri regulations for the Temporary Assistance program require FSD to ask the following question regarding illegal drug use. How many times in the past year have you used an illegal drug or used prescription medication for non-medical reasons?

TA DRUG TEST WAIVER (DRTWAIV/FMN4)

The TA Drug Test Waiver (DRTWAIV/FMN4) screen displays after the screening question during the controlled flow with the following question:

• Some individuals approved for TA will be required to submit to drug testing, based on the screening questions. TA participants required to submit to drug testing may waive the testing requirement and be referred to a substance abuse treatment program with the Department of Mental Health (DMH). If you are required to submit to a drug test, do you wish to waive the test and be referred to DMH for substance abuse treatment?

Applicants/Participants can answer:

• Yes
• No
• Decline to answer.

If the applicant is not age 18 on the date of application, the TADRUG screen and the DRTWAIV screen do not display during the controlled flow. However, the screening questions display on the Interview Summary (FA-102) with "not applicable" as the response.

NOTE: FSD staff must ensure all TA applicants sign the Interview Summary (FA-102).

SELECT TA DRUG TESTING REFERRAL (SELDTREF/FMN2)

FAMIS refers the participant to the drug testing vendor when a test is required. The drug testing vendor sends a notice to the participant letting them know the date, time and facility/location for completion of the drug test. The referral is captured on the Select TA Drug Testing Referral (SELDTREF/FMN2) screen with the date and timestamp when it was sent. It is necessary to go to the TA Drug Testing Detail screen using F6=DETAILS from SELDTREF to see the following information regarding the drug test referral:

• Referral Date (the date the participant was referred for drug test)
• Confirmation Date (the date the drug testing vendor received the referral)
• Letter Sent Date (the date the drug testing vendor sent the letter to the participant with the drug test scheduling information)
• Scheduled Test Date (the date of the scheduled drug test)
• Actual Test Date (the date the drug test was actually completed)
• Date of Collection (the date the urine sample was collected)
• Date Result Received (the date the result was received from the drug testing vendor)
• Test Result ("pass" or "fail")
• Specimen Id (the drug testing vendor's ID associated with this participant's urine sample)
• Collection Site Name (the name of the facility where the urine sample was obtained)
• Collection Site Address (the address of the facility where the urine sample was obtained)

If the drug testing appointment letter sent by the drug testing vendor is returned, the drug testing vendor sends an update to FAMIS. The message 'UNABLE TO LOCATE' displays in pink on the TA Drug Testing Detail (FMNC) screen. Eligibility specialists and supervisors receive a reminder that displays "unable to locate" when the TA Drug Testing Detail (FMNC) screen is updated with 'UNABLE TO LOCATE' from the drug testing vendor. The reminder remains on the Alert/Reminder (ALREMIND/FM7M) until the reminder is satisfied.

Check the Supercase Member Clearance (SCMBR/FM0E) screen and the Person Detail (PRSNDTL/FM0I) screen to make sure that the address in the system is correct, or if the address has been updated since the drug testing referral was sent. Check the Referral Sent Date on the TA Drug Testing Detail (FMNC) screen. If questionable, contact the client to confirm their address.

When a new address is not available, take the next appropriate case action, which may be initiating case closure.

A new FAMIS User Guide: TA Drug Testing Re-Referral Process outlines how to notify the drug testing vendor of the new address.

SELECT TA DRUG TREATMENT FACILITY (SELREF/FMN7)

Once the Temporary Assistance (TA) case is approved, FAMIS generates a referral to the Department of Mental Health (DMH) when:

• the participant volunteers for treatment and the answer to the TA Drug Screening (TADRUG/FMN0) screen indicates the participant must submit to a drug test; or
• the Family Support Division (FSD) is upheld by the Division of Legal Services (DLS) in the automatic hearing decision when the participant tested positive for illegal drug use.

The Select TA Drug Treatment Facility (SELREF/FMN7) screen is updated automatically based on the reason for referral. The reasons for referral are:

• VOL – Voluntary
• MAP – Mandatory

The referral to the DMH is an email generated by FAMIS to the DMH notifying them the participant needs to complete a substance abuse treatment program.

Once the FSD receives the written treatment information from the DMH, the eligibility specialist must update the Drug Treatment Facility (FMN6) screen with the facility and any other treatment information. An additional screen, TA Drug Treatment Facility Audit (FMN8) has been added to capture an audit of facilities entered and when FAMIS was updated with this information.

Six (6) months after a participant enters a substance abuse treatment program, they must complete a drug test. If the individual is still participating in treatment, or has completed treatment, they must complete this drug test. This is an automatic process that does not require action by the eligibility specialist.

If the individual didn't enter or complete the treatment program, they are either disqualified or in the process of disqualification and are not subject to this six-month drug test.

SELECT HWY PATROL MATCH (HWYPAT/FMN9)

Participants who are age eighteen (18) or older and are the head of household and are receiving Temporary Assistance (TA) benefits are submitted on a quarterly match with the Missouri State Highway Patrol (MSHP). This match searches law enforcement records for participants that have an arrest or conviction for a misdemeanor or felony drug offense for the previous 12 months.

Each time the MSHP finds a drug-related offense, FAMIS creates a MSHP referral on the Select Highway Patrol Match (HWYPAT/FMN9) screen. It is necessary to prompt out using F6=DETAILS to see the type of arrest or conviction captured on the HWY Patrol Match Detail (FMND) screen. A referral to the drug testing vendor is sent by FAMIS automatically, and displays on the Select TA Drug Testing Referral (SELDTREF/FMN2) screen.

HEARING TRACKING (HEARING/FM6U)

The Hearing Tracking (HEARING/FM6U) screen has been added to capture the automatic hearings for TA. Staff should record and track the requested hearings due to drug screening/testing/treatment on the HEARING screen.

NOTE: Only TA hearings can be entered on the HEARING screen.

Below is a chart outlining the opportunities for hearing and what type of hearing the participant has available—automatic or a request.

FAMIS automatically updates the Hearing Tracking (HEARING/FM6U) screen with the automatic hearing request. An email referral is sent to the DLS Administrative Hearings Unit (AHU) telling them the participant needs to have a hearing scheduled. The email goes to the AHU associated with the participant's county of residence.

NOTE: The TA participant gets an automatic hearing in the situations described above because Section 208.027 RSMo requires the FSD to take actions on those situations only after an administrative hearing has been held.

SANCTION/DISQUALIFICATION (SANDISQ/FMAM)

The Sanction/Disqualification screen is updated to add the disqualifications related to the screening/testing/treatment process. After the administrative hearing, if the DLS affirms the FSD decision, the TA participant is disqualified. FAMIS automatically makes updates to the Sanction Disqualification (SANDISQ/FMAM) screen:

• DISQUALIFICATION TYPE
  • MSQ (Failure to Coop with the Mand Screen Ques)
  • DNC (Failed to Provide Valid Sample)
  • DNS (Did Not Show-Up For Drug Test)
  • TRP (Failure to Participate in Mandatory Treatment)
  • TRC (Failure to Complete Mandatory Treatment)
  • DP6 (Drug Test Returned Positive Result – 6 months)
  • 6NS (Did Not Show Up for Drug Test - 6 months)
  • 6FC (Failed to Provide Valid Sample – 6 months)
  • PPV (Violation or Misuse of TA Funds by Protective Payee)
• VIO DATE
• HEARING/COURT
• START: Date of the administrative hearing decision (when the hearing was an automatic hearing)
• NUMBER
• LENGTH: 036 (months)

Once the SANDISQ screen is updated with the disqualification, FAMIS takes the appropriate action to remove the individual and reduce the TA benefit.

NOTE: In most cases a claim will be needed because the TA benefit will not be affected on the START date, because the START date is the date of the administrative hearing.

REPRESENTATIVE LIST (AUTHREP/FMJ1)

A new Representative Type has been added to the Representative Detail (FMJG) screen. The Representative Type "PRD – Protective Payee Drug" is given to all protective payees that are appointed for TA payees who are disqualified due to a drug screening/testing/treatment situation. All protective payees must have a Departmental Client Number (DCN).

The FSD must assign a protective payee within 45 days of the TA participant's disqualification. The Action Notice (FA-150) and the Protective Payee for Temporary Assistance Benefits (FA-602) form is sent to the TA HOH when the Sanction Disqualification (SANDISQ/FMAM) screen is updated with a drug-related disqualification. The participant must cooperate in assigning a protective payee.

The FA-602 outlines the responsibilities of the protective payee assigned due to a drug-related disqualification. The final page of the FA-602 must be completed by the head-of-household and the protective payee and returned to the local Family Support Division (FSD) office within ten (10) days. Once the FA-602 is received by the FSD office, the Representative Detail (FMJG) screen must be updated with the protective payee information.

If the FA-602 isn't received by the FSD office and the protective payee information entered on the Representative Detail (FMJG) screen within 15 business days from the date the FA-602 was generated, a reminder is generated to the primary worker and their supervisor for the TA case. The reminder says: PROTECTIVE PAYEE NEEDED.

When the eligibility specialist (ES) receives this reminder, they must appoint a protective payee. The ES can contact the participant to determine the best individual to be the protective payee. If the participant can't be reached, or is unable to provide a protective payee, the ES must choose.

To be a protective payee, the individual must meet the following qualifications:

• Over the age of 21;
• Able to read, write, and willing and able to act in an administrative capacity to handle funds on behalf of another person and maintain records and account for the use of funds;
• Must keep his/her current residence and mailing address on file at all times with the family support division and keep the individual and other household members informed of his/her current address and contact information;

Once the ES has determined who the protective payee is going to be, they must generate the Appointed Protective Payee for TA Benefits (FA-603) form to the individual chosen to be the protective payee.

If the protective payee does not utilize the benefits appropriately for the family, they can be disqualified, and not allowed to be a protective payee again.

MANUAL UPDATES

Section 0105.025.15.05 Temporary Assistance Program Explanation is revised to include sharing information about the:

• Drug screening/testing/treatment process,
• Missouri State Highway Patrol match, and
• Need to only use TA benefits to meet the needs of the child(ren).

NOTE: Information regarding the use of TA benefits will be sent in a separate memorandum.

These sections (and relevant subsections) have been added to the Temporary Assistance/Case Management Income Maintenance Manual:

• 0240.000.00 TEMPORARY ASSISTANCE DRUG TEST REQUIREMENTS
• 0240.005.00 SCREENING TEMPORARY ASSISTANCE APPLICANTS AND PARTICIPANTS FOR ILLEGAL USE OF A CONTROLLED SUBSTANCE
• 0240.010.00 Drug Test
• 0240.015.00 Referral for Substance Abuse Treatment
• 0240.020.00 Hearing Procedures for Drug Testing-Related Situations
• 0240.025.00 Disqualifications Related to the Drug Screening/Testing Process
• 0240.030.00 Appointment of a Protective Payee Required Due to Drug Testing Process

FORMS MANUAL REVISION

The Food Stamp/Temporary Assistance Interview Guide (FS/TAIG) is revised. This form is revised to include the new TA drug screening question and the TA drug test waiver question. The FS/TAIG is available in the FORMS manual on the Family Support Division intranet site.

FAMIS USER GUIDES

Three new FAMIS User Guides have been added to the Family Support Division Intranet:

• TA Drug Testing Re-Referral Process;
• Updating Hearing Tracking Screen; and
• Updating the Drug Treatment Facility Screen.

TRAINING

On-line training for the TA drug screening, testing, and treatment process is available through the Employee Learning Center. The training is entitled TA Drug Testing course number FS000198. The training is required for all eligibility specialists, but is strongly recommended for all support staff, supervisors, and managers. The anticipated availability date for the training is February 19, 2013 and must be completed by eligibility specialists no later than March 1, 2013.

NECESSARY ACTION:

• Review this memorandum with appropriate staff.

AC/jkh