§ 108A-29.1. Substance abuse treatment required; drug testing for Work First Program recipients. - North Carolina Statutes

§ 108A‑29.1.  Substanceabuse treatment required; drug testing for Work First Program recipients.

(a)        Each applicant orcurrent recipient of Work First Program benefits, determined by a QualifiedProfessional in Substance Abuse (QPSA) or by a physician certified by theAmerican Society of Addiction Medicine (ASAM) to be addicted to alcohol ordrugs and to be in need of professional substance abuse treatment servicesshall be required, as part of the person's MRA and as a condition to receivingWork First Program benefits, to participate satisfactorily in an individualizedplan of treatment in an appropriate treatment program. As a mandatory programcomponent of participation in an addiction treatment program, each applicant orcurrent recipient shall be required to submit to an approved, reliable, andprofessionally administered regimen of testing for presence of alcohol ordrugs, without advance notice, during and after participation, in accordancewith the addiction treatment program's individualized plan of treatment, follow‑up,and continuing care services for the applicant or current recipient.

(b)        An applicant orcurrent recipient who fails to comply with any requirement imposed pursuant tothis section shall not be eligible for benefits or shall be subject to thetermination of benefits, but shall be considered to be receiving benefits forpurposes of determining eligibility for medical assistance.

(c)        The children of anyapplicant or current recipient shall remain eligible for benefits, and thesebenefits shall be paid to a protective payee pursuant to G.S. 108A‑38.

(d)        An applicant orcurrent recipient shall not be regarded as failing to comply with therequirements of this section if an appropriate drug or alcohol treatmentprogram is unavailable.

(e)        Area mental healthauthorities organized pursuant to Article 4 of Chapter 122C of the GeneralStatutes shall be responsible for administering the provisions of this section.

(f)         The requirementsof this section may be waived or modified as necessary in the case ofindividual applicants or recipients to the degree necessary to comply withMedicaid eligibility provisions.  (1997‑443, s. 12.8; 2009‑489, s. 13.)