Indiana 2025 Regular Session

Indiana House Bill HB1395 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1395
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-7-2; IC 12-14-5.4.
7	7	Synopsis: Drug testing requirement for TANF eligibility. Provides that
8	8	as a condition of receiving temporary assistance for needy families
9	9	(TANF), an individual who is at least 18 years of age must submit to
10	10	and pass: (1) a drug test at the time the individual applies to receive
11	11	TANF; and (2) routine, randomly scheduled drug tests while the
12	12	individual is receiving TANF (required drug tests). Provides that the
13	13	testing requirement does not apply to an individual who receives TANF
14	14	benefits on behalf of a child and does not receive TANF benefits on the
15	15	individual's own behalf. Requires county offices of the office of the
16	16	secretary of family and social services (FSSA) to inform TANF
17	17	applicants of the drug testing requirement. Provides that an individual
18	18	who fails a required drug test is ineligible to receive TANF benefits
19	19	until the individual: (1) provides to FSSA evidence that the individual
20	20	is participating in, or on a waiting list to participate in, a drug abuse
21	21	treatment program; and (2) passes two consecutive drug tests. Provides
22	22	for appointment of a representative payee to receive TANF on behalf
23	23	of a child if the individual who would otherwise receive TANF on
24	24	behalf of the child is ineligible for TANF as a result of failing a
25	25	required drug test. Provides that if an individual fails a required drug
26	26	test, FSSA shall withhold the amount of the cost of: (1) the drug test;
27	27	and (2) any subsequent required drug test; from future TANF benefits
28	28	the individual receives. Requires a county office of FSSA to provide a
29	29	list of drug abuse treatment programs to an individual who fails a
30	30	required drug test. Specifies requirements for a facility that administers
31	31	a required drug test. Requires FSSA to provide to: (1) the Indiana
32	32	housing and community development authority; and (2) any division
33	33	(Continued next page)
34	34	Effective: July 1, 2025.
35	35	Davis, Prescott
36	36	January 13, 2025, read first time and referred to Committee on Family, Children and
37	37	Human Affairs.
38	38	2025 IN 1395—LS 7129/DI 119 Digest Continued
39	39	of FSSA that implements the Supplemental Nutrition Assistance
40	40	Program; the name of an individual who fails a required drug test.
41	41	Provides that FSSA's records concerning the results of an individual's
42	42	required drug test may not be admitted against the individual in a
43	43	criminal proceeding. Provides for administrative remedies and an
44	44	appeals process with regard to the drug testing requirement. Requires
45	45	FSSA to collect data to assess and prevent discrimination based on
46	46	race, ethnicity, or sex with regard to the administration of the drug
47	47	testing requirement. Consolidates overlapping definitions of "TANF"
48	48	and "TANF program".
49	49	2025 IN 1395—LS 7129/DI 1192025 IN 1395—LS 7129/DI 119 Introduced
50	50	First Regular Session of the 124th General Assembly (2025)
51	51	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
52	52	Constitution) is being amended, the text of the existing provision will appear in this style type,
53	53	additions will appear in this style type, and deletions will appear in this style type.
54	54	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
55	55	provision adopted), the text of the new provision will appear in this style type. Also, the
56	56	word NEW will appear in that style type in the introductory clause of each SECTION that adds
57	57	a new provision to the Indiana Code or the Indiana Constitution.
58	58	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
59	59	between statutes enacted by the 2024 Regular Session of the General Assembly.
60	60	HOUSE BILL No. 1395
61	61	A BILL FOR AN ACT to amend the Indiana Code concerning
62	62	human services.
63	63	Be it enacted by the General Assembly of the State of Indiana:
64	64	1 SECTION 1. IC 12-7-2-111, AS AMENDED BY P.L.10-2019,
65	65	2 SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
66	66	3 JULY 1, 2025]: Sec. 111. (a) "Immediate family", for purposes of the
67	67	4 statutes listed in subsection (b), means the following:
68	68	5 (1) If a Medicaid applicant is married, the applicant's spouse and
69	69	6 dependent children less than twenty-one (21) years of age.
70	70	7 (2) If a Medicaid applicant is not married, the following:
71	71	8 (A) If the applicant is divorced, the parent having custody.
72	72	9 (B) If the applicant is less than twenty-one (21) years of age:
73	73	10 (i) the parent having custody; and
74	74	11 (ii) the dependent children less than twenty-one (21) years
75	75	12 of age of the parent or parents.
76	76	13 (C) If clauses (A) and (B) do not apply, the applicant's parents.
77	77	14 (b) This section Subsection (a) applies to the following statutes:
78	78	15 (1) IC 12-14-1 through IC 12-14-8, except IC 12-14-5.4.
79	79	2025 IN 1395—LS 7129/DI 119 2
80	80	1 (2) IC 12-15, except IC 12-15-32, IC 12-15-33, and IC 12-15-34.
81	81	2 (c) "Immediate family", for purposes of IC 12-14-5.4, means
82	82	3 any of the following:
83	83	4 (1) A parent.
84	84	5 (2) A stepparent.
85	85	6 (3) A grandparent.
86	86	7 (4) A sibling who is at least twenty-one (21) years of age.
87	87	8 (5) A legal guardian.
88	88	9 SECTION 2. IC 12-7-2-138, AS AMENDED BY P.L.141-2006,
89	89	10 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
90	90	11 JULY 1, 2025]: Sec. 138. "Physician" means the following:
91	91	12 (1) For purposes of IC 12-10-17.1, IC 12-14-5.4, and
92	92	13 IC 12-15-35, an individual who is licensed to practice medicine
93	93	14 in Indiana under IC 25-22.5.
94	94	15 (2) For purposes of IC 12-26, either of the following:
95	95	16 (A) An individual who holds a license to practice medicine
96	96	17 under IC 25-22.5.
97	97	18 (B) A medical officer of the United States government who is
98	98	19 in Indiana performing the officer's official duties.
99	99	20 SECTION 3. IC 12-7-2-189.7 IS REPEALED [EFFECTIVE JULY
100	100	21 1, 2025]. Sec. 189.7. "TANF", for purposes of IC 12-20, refers to the
101	101	22 federal Temporary Assistance for Needy Families program under 42
102	102	23 U.S.C. 601 et seq.
103	103	24 SECTION 4. IC 12-7-2-189.8, AS ADDED BY P.L.92-2005,
104	104	25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105	105	26 JULY 1, 2025]: Sec. 189.8. "TANF" or "TANF program" refers to the
106	106	27 federal Temporary Assistance for Needy Families program under 42
107	107	28 U.S.C. 601 et seq.
108	108	29 SECTION 5. IC 12-14-5.4 IS ADDED TO THE INDIANA CODE
109	109	30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
110	110	31 JULY 1, 2025]:
111	111	32 Chapter 5.4. Drug Testing of TANF Applicants and Recipients
112	112	33 Sec. 1. (a) This chapter applies to an individual who:
113	113	34 (1) is eligible to receive TANF benefits; and
114	114	35 (2) is at least eighteen (18) years of age.
115	115	36 (b) This chapter does not apply to an individual who receives
116	116	37 TANF benefits on behalf of a child and does not receive TANF
117	117	38 benefits on the individual's own behalf.
118	118	39 Sec. 2. As used in this chapter, "controlled substance" has the
119	119	40 meaning set forth in IC 35-48-1-9.
120	120	41 Sec. 3. As used in this chapter, "drug test" means a test capable
121	121	42 of detecting the presence of a controlled substance in the body of
122	122	2025 IN 1395—LS 7129/DI 119 3
123	123	1 an individual to whom the test is administered.
124	124	2 Sec. 4. For purposes of this chapter, an individual "fails a drug
125	125	3 test" if:
126	126	4 (1) a drug test administered to the individual indicates the
127	127	5 presence of a controlled substance in the individual's body;
128	128	6 and
129	129	7 (2) the individual's use of the controlled substance is not
130	130	8 authorized by:
131	131	9 (A) a valid prescription; or
132	132	10 (B) an order of a physician acting in the course of the
133	133	11 physician's professional practice.
134	134	12 Sec. 5. For purposes of this chapter, an individual "passes a
135	135	13 drug test":
136	136	14 (1) if a drug test administered to the individual does not
137	137	15 indicate the presence of a controlled substance in the
138	138	16 individual's body; or
139	139	17 (2) if:
140	140	18 (A) a drug test administered to the individual indicates the
141	141	19 presence of a controlled substance in the individual's body;
142	142	20 and
143	143	21 (B) the individual's use of the controlled substance is
144	144	22 authorized by:
145	145	23 (i) a valid prescription; or
146	146	24 (ii) an order of a physician acting in the course of the
147	147	25 physician's professional practice.
148	148	26 Sec. 6. As used in this chapter, "routine, random drug test"
149	149	27 means a drug test administered to an individual:
150	150	28 (1) as directed by the office of the secretary; and
151	151	29 (2) on a date that:
152	152	30 (A) is:
153	153	31 (i) at least twenty (20) days; and
154	154	32 (ii) not more than thirty (30) days;
155	155	33 after the date of the most recent drug test to which the
156	156	34 individual was required to submit under this chapter; and
157	157	35 (B) is disclosed by the office of the secretary to the
158	158	36 individual not earlier than the immediately preceding day.
159	159	37 Sec. 7. A county office shall provide the following information
160	160	38 in writing to an individual at the time the individual applies to
161	161	39 receive TANF benefits on the individual's own behalf:
162	162	40 (1) The individual is required to:
163	163	41 (A) be tested for the use of controlled substances at the
164	164	42 time of application; and
165	165	2025 IN 1395—LS 7129/DI 119 4
166	166	1 (B) submit to routine, random drug tests while receiving
167	167	2 TANF benefits.
168	168	3 (2) If the individual fails a drug test to which the individual is
169	169	4 required to submit under this chapter:
170	170	5 (A) the individual may be:
171	171	6 (i) ineligible for TANF; and
172	172	7 (ii) ineligible to receive TANF benefits on behalf of a
173	173	8 child; and
174	174	9 (B) the cost of the drug test, and of any subsequent drug
175	175	10 test to which the individual is required to submit under this
176	176	11 chapter, will be withheld from future TANF benefits the
177	177	12 individual receives.
178	178	13 Sec. 8. An individual must, as a condition of receiving TANF
179	179	14 benefits on the individual's own behalf, submit to and pass:
180	180	15 (1) a drug test at the time the individual applies to receive;
181	181	16 and
182	182	17 (2) routine, random drug tests while the individual is
183	183	18 receiving;
184	184	19 TANF benefits on the individual's own behalf.
185	185	20 Sec. 9. An individual who fails a drug test to which the
186	186	21 individual is required to submit under section 8 of this chapter is
187	187	22 ineligible to receive TANF benefits until the individual:
188	188	23 (1) provides to the office of the secretary evidence that the
189	189	24 individual is:
190	190	25 (A) participating in; or
191	191	26 (B) on a waiting list to participate in;
192	192	27 a drug abuse treatment program; and
193	193	28 (2) passes two (2) consecutive routine, random drug tests.
194	194	29 Sec. 10. (a) An individual is ineligible to receive TANF benefits
195	195	30 on behalf of a child for the duration of a period during which the
196	196	31 individual is ineligible to receive TANF benefits under section 9
197	197	32 this chapter.
198	198	33 (b) If an individual is ineligible to receive TANF benefits on
199	199	34 behalf of a child under subsection (a):
200	200	35 (1) the child's eligibility to receive TANF benefits is not
201	201	36 affected; and
202	202	37 (2) the individual may designate as a representative payee to
203	203	38 receive TANF benefits on behalf of the child during the
204	204	39 individual's period of ineligibility to receive TANF benefits:
205	205	40 (A) an immediate family member of the child; or
206	206	41 (B) an individual who is:
207	207	42 (i) not an immediate family member of the child; and
208	208	2025 IN 1395—LS 7129/DI 119 5
209	209	1 (ii) approved by the division to act as a representative
210	210	2 payee for the child;
211	211	3 if no immediate family member of the child is available or
212	212	4 willing to act as a representative payee for the child.
213	213	5 (c) If an individual:
214	214	6 (1) is ineligible to receive TANF benefits on behalf of a child
215	215	7 under subsection (a); and
216	216	8 (2) does not designate a representative payee for the child
217	217	9 under subsection (b);
218	218	10 the division shall designate a representative payee for the child. If
219	219	11 the division designates a representative payee for a child under this
220	220	12 subsection, the division may designate an individual who is not an
221	221	13 immediate family member of the child only if no immediate family
222	222	14 member of the child is available or willing to act as a
223	223	15 representative payee for the child.
224	224	16 (d) If an individual who is designated as a representative payee
225	225	17 for a child under this section has been convicted of:
226	226	18 (1) a controlled substance offense under IC 35-48-4; or
227	227	19 (2) an offense in another jurisdiction that is substantially
228	228	20 similar to a controlled substance offense under IC 35-48-4;
229	229	21 the individual must submit to and pass a drug test in order to serve
230	230	22 as the representative payee for the child. The individual shall pay
231	231	23 the cost of the drug test required under this subsection. If the
232	232	24 individual fails the drug test or fails to pay the cost of the drug test,
233	233	25 the individual may not act as a representative payee for the child.
234	234	26 (e) The office of the secretary shall notify the department of
235	235	27 child services regarding a child for whom a representative payee
236	236	28 has been designated under this section.
237	237	29 Sec. 11. (a) Except as provided in section 10(d) of this chapter
238	238	30 and subsection (b), the office of the secretary shall pay the cost of
239	239	31 a drug test required under this chapter.
240	240	32 (b) If an individual fails a drug test to which the individual is
241	241	33 required to submit under this chapter, the office of the secretary
242	242	34 shall withhold the amount of the cost of:
243	243	35 (1) the drug test; and
244	244	36 (2) any subsequent drug test to which the individual is
245	245	37 required to submit under this chapter;
246	246	38 from future TANF benefits the individual receives.
247	247	39 Sec. 12. A county office shall provide a list of drug abuse
248	248	40 treatment programs to an individual who fails a drug test to which
249	249	41 the individual is required to submit under this chapter.
250	250	42 Sec. 13. A drug test required under this chapter must be
251	251	2025 IN 1395—LS 7129/DI 119 6
252	252	1 performed by a:
253	253	2 (1) SAMHSA (as defined in IC 22-10-15-3) clinical laboratory;
254	254	3 or
255	255	4 (2) clinical laboratory holding a federal Clinical Laboratory
256	256	5 Improvement Act (CLIA) certificate or a CLIA certificate of
257	257	6 accreditation.
258	258	7 Sec. 14. The office of the secretary shall provide to:
259	259	8 (1) the Indiana housing and community development
260	260	9 authority created by IC 5-20-1-3; and
261	261	10 (2) any division of the office of the secretary that implements
262	262	11 SNAP (as defined in IC 12-14-30-1);
263	263	12 the name of an individual who fails a drug test to which the
264	264	13 individual is required to submit under this chapter.
265	265	14 Sec. 15. The office of the secretary's records concerning the
266	266	15 results of a drug test to which an individual is required to submit
267	267	16 under this chapter may not be admitted against the individual in
268	268	17 a criminal proceeding.
269	269	18 Sec. 16. (a) This chapter is subject to administrative hearing
270	270	19 procedures under IC 4-21.5.
271	271	20 (b) The office of the secretary shall provide an appeals process
272	272	21 for individuals required to submit to drug testing under this
273	273	22 chapter.
274	274	23 Sec. 17. The office of the secretary shall collect data to assess
275	275	24 and prevent discrimination based on race, ethnicity, or sex with
276	276	25 regard to the administration of this chapter.
277	277	26 Sec. 18. The office of the secretary may adopt rules under
278	278	27 IC 4-22-2 necessary to implement this chapter.
279	279	2025 IN 1395—LS 7129/DI 119