Maryland Department of Human Resources Section 50A
§ 50A.
(a) (1) At initial application, or first redetermination after July 1, 1997, for temporary cash assistance, or when considered appropriate by the FIP staff of the local department, an addictions specialist on-site in the local department shall assess the need of any adult or minor parent applicant or recipient for substance abuse treatment.
(2) To assist in determining whether an adult or minor parent applicant or recipient has a need for substance abuse treatment, the addictions specialist on-site in the local department shall screen the adult or minor parent applicant or recipient to expose any potential barriers that the adult or minor parent applicant or recipient may have in obtaining employment such as having a substance abuse problem.
(3) The addictions specialist on-site in the local department shall inform each adult or minor parent applicant or recipient of the requirements of FIP regarding substance abuse treatment.
(4) If the adult or minor parent applicant or recipient does not complete the screening required under paragraph (2) of this subsection, the addictions specialist shall notify the FIP case manager.
(b) (1) If the screening performed by the addictions specialist reveals that an adult or minor parent applicant or recipient has a substance abuse problem, the addictions specialist shall:
(i) Conduct, or refer for, an assessment of substance abuse by an adult or minor parent applicant or recipient and, if appropriate, determine placement for treatment and related supportive services;
(ii) Refer the adult or minor parent applicant or recipient for appropriate substance abuse treatment and related supportive services;
(iii) Obtain the signature of the adult or minor parent applicant or recipient on a form consenting to the release of confidential alcohol and drug treatment information; and
(iv) Forward the consent form to the appropriate substance abuse treatment provider.
(2) (i) The substance abuse treatment provider shall notify the addictions specialist in the local department of the ongoing treatment status of the adult or minor parent applicant or recipient.
(ii) The addictions specialist shall notify the FIP case manager:
1. That an adult or minor parent applicant or recipient has been referred for appropriate substance abuse treatment; and
2. Regarding the status of the ongoing treatment of the adult or minor parent applicant or recipient.
(iii) To provide the notification required under subparagraph (ii) of this paragraph, the addictions specialist shall forward consent for the release of the information to the substance abuse treatment provider, obtain the necessary treatment information from the treatment provider, and notify the local department if the adult or minor parent applicant or recipient:
1. Fails to complete the assessment required under paragraph (1) of this subsection;
2. Fails to sign the consent form required under paragraph (1)(iii) of this subsection;
3. Fails to enroll or maintain enrollment with an available substance treatment provider or to complete the treatment protocol;
4. Is awaiting the availability of appropriate treatment;
5. Is enrolled in a treatment program; or
6. Successfully completes treatment.
(c) An adult or minor parent applicant or recipient who complies with the requirements of the FIP in regard to substance abuse treatment:
(1) Shall receive the full temporary cash assistance benefit as long as the adult or minor parent applicant or recipient continues to meet other temporary cash assistance eligibility requirements; and
(2) May be exempt from the work requirements for a period of time determined by the FIP case manager in consultation with the addictions specialist.
(d) An adult or minor parent applicant or recipient shall be considered not in compliance with FIP requirements, if the FIP case manager receives notice from the addictions specialist that the adult or minor parent applicant or recipient:
(1) Does not complete the screening or assessment required under subsections (a)(2) and (b)(1)(i) of this section;
(2) Does not sign the consent form required under subsection (b)(1)(iii) of this section; or
(3) Is referred for appropriate and available substance abuse treatment by the addictions specialist but fails to enroll or to maintain active enrollment in the treatment program or complete the treatment protocol.
(e) After receiving a notice under subsection (d) of this section, the local department shall:
(1) Send a denial notice to the adult or minor parent applicant informing the applicant that:
(i) The applicant has not met program requirements, including the specific reason the applicant is not eligible for FIP; and
(ii) If the applicant fails to fulfill the requirements on or before the 30th work day after the application was filed, the application for temporary cash assistance is denied; and
(2) Separately determine eligibility for medical assistance and food stamps.
(f) After receiving a notice under subsection (d) of this section, the local department shall send a notice to the adult or minor parent recipient informing the adult or minor parent recipient that:
(1) The adult or minor parent recipient is not in compliance with FIP requirements, including the specific reasons why the adult or minor parent recipient is considered not in compliance with FIP requirements; and
(2) 30 days after the date of the notice:
(i) The adult or minor parent recipient's temporary cash assistance benefits will be reduced by that increment in cash benefits that included the adult recipient; and
(ii) The remainder of the cash benefits for the child or children in the FIP case will be paid to a third party payee.
(g) (1) The local department shall reduce an adult or minor parent recipient's temporary cash assistance benefits and pay the remainder of the cash benefits to a third party payee as described in subsection (f) of this section, if the adult or minor parent recipient:
(i) Fails to complete a substance abuse screening or assessment by an addictions specialist, as required under subsections (a)(2) and (b)(1)(i) of this section; or
(ii) 1. Receives the required screening and assessment, and the required screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the adult or minor parent recipient is a substance abuser; and
2. Refuses to enroll or maintain enrollment in available and appropriate substance abuse treatment.
(2) The local department shall continue to make payments to a third party payee until the FIP case manager receives notice from the addictions specialist that the adult or minor parent recipient is actively enrolled, as defined by the Alcohol and Drug Abuse Administration, in the appropriate substance abuse treatment indicated by the addictions specialist.
(h) The local department may not deny an adult or minor parent applicant's temporary cash assistance benefit or reduce an adult or minor parent recipient's temporary cash assistance benefit as described under subsections (e) and (f) of this section, if the adult or minor parent applicant or recipient:
(1) Receives the required screening and assessment, and the required screening and assessment or the results of any follow-up diagnostic testing or treatment reveal that the adult or minor parent applicant or recipient is a substance abuser; and
(2) Agrees to participate in appropriate substance abuse treatment, as determined by the addictions specialist, but the appropriate substance abuse treatment indicated is not available.
(i) If temporary cash assistance is denied or reduced under this section, the adult or minor parent applicant or recipient shall retain eligibility for medical assistance and food stamps, as long as the adult or minor parent applicant or recipient meets the medical assistance and food stamp program requirements.
