Md. Code Regs. 07.03.03.09

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.03.03.09 - Substance Abuse Treatment, Services, and Sanction Requirements

A. Adult and minor parent applicants and recipients of TCA shall:

(1) Be screened for substance abuse in the local department by the addictions specialist; and

(2) Comply with assessment and treatment requirements, if appropriate.

B. Screening and Assessment.

(1) During the assessment of an applicant or recipient's needs, the addictions specialist shall advise the individual of the:

(a) Substance abuse requirements specified in §C of this regulation; and

(b) Penalties for failure to comply with these requirements.

(2) In addition, the addictions specialist shall advise an applicant who is a custodial parent convicted of a drug-related felony that was committed after August 22, 1996, of the:

(a) Obligation to participate in drug testing; and

(b) Penalty for a custodial parent recipient convicted of a drug-related felony after July 1, 2000, as specified in §E(5) of this regulation.

(3) During the assessment, when screening by the addictions specialist reveals that an individual has a substance abuse problem, the individual shall sign a medical release as specified in §C(1)(c) of this regulation.

C. Eligibility Requirements.

(1) As a condition of eligibility for TCA, the adult and minor parent shall:

(a) Participate in substance abuse screening and assessment with the addictions specialist at the time of the initial application and when necessary to assess the need for substance abuse treatment;

(b) Enroll and maintain active enrollment in an appropriate treatment program when referred by the addictions specialist or a substance abuse treatment provider; and

(c) When screening by the addictions specialist reveals that an individual has a substance abuse problem, sign a medical release that allows the local department or its designee to receive from the direct provider of services the:

(i) Results of a substance abuse screening, assessment, or other test to determine the individual's need for substance abuse treatment;

(ii) Results of the individual's referral to substance abuse treatment; and

(iii) Individual's ongoing treatment status.

(2) If an appropriate treatment program is not available, the individual is deemed participating and sanctions may not be imposed.

(3) As a condition of eligibility for TCA, the custodial parent convicted of a drug-related felony that was committed after August 22, 1996, shall:

(a) Comply with the requirements specified in §C(1) of this regulation; and

(b) For a period of 2 years starting from the date of application, participate in drug testing.

D. Sanctions for Noncompliance with Substance Abuse Provisions.

(1) When the addictions specialist or the direct provider of services notifies the local department that the adult or minor parent:

(a) Applicant failed to comply with the requirements specified in §C of this regulation, the local department shall:

(i) Deny the application;

(ii) Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and

(iii) Separately determine eligibility for Medical Assistance and food stamps for the applicant; or

(b) Recipient failed to comply with the requirements specified in §C of this regulation, the local department shall:

(i) Follow the conciliation procedures as described in Regulation .19A(3) of this chapter;

(ii) Remove the individual's incremental portion from the full benefit amount;

(iii) Pay the remainder of the benefit to a third-party payee;

(iv) Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements;

(v) Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and

(vi) Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice.

(2) The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation.

(3) The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements.

(4) The sanctioned parent retains eligibility for Medical Assistance and food stamps as long as the parent continues to meet Medical Assistance and food stamp requirements.

E. Sanctions for Noncompliance with Substance Abuse Provisions by a Custodial Parent Convicted of a Drug-Related Felony.

(1) When the addictions specialist or the direct provider of services notifies the local department that the custodial parent:

(a) Applicant convicted of a drug-related felony that was committed after August 22, 1996, failed to comply with the requirements specified in §C of this regulation, the local department shall:

(i) Deny the application;

(ii) Notify the applicant of the specific reason why the applicant has not met the requirements and is not eligible for TCA; and

(iii) Separately determine eligibility for Medical Assistance for the applicant; or

(b) Recipient convicted of a drug-related felony that was committed after August 22, 1996, failed to comply with the requirements specified in §C of this regulation, the local department shall:

(i) Follow the conciliation procedures as described in Regulation .19A(3) of this chapter;

(ii) Remove the individual's incremental portion from the full benefit amount;

(iii) Pay the remainder of the benefit to a third-party payee;

(iv) Notify the individual of the specific reasons why the individual is not in compliance with FIP requirements;

(v) Notify the individual of the adjusted benefit amount and payment of the benefit to a third-party payee; and

(vi) Notify the individual of the effective date of the agency action, which is 30 days after the date of the notice.

(2) The reduced benefit remains in effect until the adult or minor parent has complied with the requirements specified in §C of this regulation.

(3) The addictions specialist shall notify the local department when the adult or minor parent has complied with the requirements.

(4) The sanctioned parent retains eligibility for Medical Assistance as long as the parent continues to meet the Medical Assistance requirements.

(5) Period of Ineligibility.

(a) A custodial parent recipient convicted of a drug-related felony after July 1, 2000, shall become ineligible for TCA for 1 year from the date of the conviction.

(b) The local department shall notify the recipient of the:

(i) Specific reason why the recipient has failed to meet program requirements; and

(ii) Effective date of the agency action.

(c) After the year of ineligibility, to receive TCA the sanctioned parent shall comply with the requirements in §C of this regulation. Compliance is required for a period of 2 years starting from the later of the date the individual:

(i) Is released from incarceration;

(ii) Completes any term of probation; or

(iii) Completes any term of parole or mandatory supervision.

Md. Code Regs. 07.03.03.09

Regulation .09C, D amended as an emergency provision effective December 9, 1996 (23:26 Md. R. 1855); amended permanently effective March 24, 1997 (24:5 Md. R. 483)
Regulation .09A amended effective November 2, 1998 (25:22 Md. R. 1651)
Regulations .09 adopted effective February 18, 2002 (29:3 Md. R. 216)